Rajan Roy, J. - (1.) Heard.
(2.) This Writ Petition has been filed under Article 226 of the Constitution of India arising out of the proceedings under Section 9 of the U.P. Consolidation of Holdings Act, 1953 and the appellate as also the revisional proceedings thereafter under Section 11 and 48 of the Act, 1953.
(3.) The case at hand has a chequered history. Bereft of unnecessary details, the facts of the case are that in the basic year Khatauni, Gata no. 1020 (1.26 acres) and 2113 (0.30 decimal) were recorded in the name of Indraj Singh, father of the contesting respondents herein. Chhotkau Singh, the brother of Indraj Singh and father of the petitioner herein, filed objections under Section 9 claiming co-tenancy rights to the extent of half share in the aforesaid holding, which according to him, was originally recorded in the name of Sher Bahadur Singh. It is said that at the level of the Consolidation Officer, a compromise was arrived at between the contesting parties on 29.12.1975 and accordingly, an order was passed in terms thereof, accepting the co-tenancy of Chhotkau Singh to the extent of half share in the holding. It is said by the petitioner that till 1981 no dispute was raised by Indraj Singh.;