BRIJENDRA Vs. D D C FAIZABAD

JUDGEMENT

(1.) HEARD Sri P.K. Khare and Sri C.B. Pandey, for the petitioners and Sri Mohd. Arif Khan, Senior Advocate, assisted by Sri Mohd. Ali and Sri Piyush Mishra, for contesting respondents. The writ petition has been filed against the orders of Consolidation Officer dated 3.11.1979, Settlement Officer Consolidation dated 15.2.1996 and Deputy Director of Consolidation dated 16.7.2001, passed in title proceedings under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).

(2.) THE dispute between the parties is in respect of the land recorded in basic consolidation year khata 22 of village Bibipur, pargana Surhur, district Ambedkar Nagar, which was recorded in the name of Smt. Pyari wife of Achhai -bar. Nand Kishor (now represented by respondents -4 to 6) (hereinafter referred to as the respondents) filed an objection for deleting the name of Smt. Pyari and recording his name over the khata in dispute. It was stated by Nand Kishor that the land in dispute was the property of Ram Hit son of Hardeen and was inherited by his son Bhodar. Bhodar died issueless in December 1955. At that time amongst the brothers of Ram Hit, Nand Kishor alone was alive as such he inherited the land in dispute. Smt. Pyari was not the daughter of Ram Hit. One objection was filed on behalf of Smt. Pyari by Krishna Kumar Mishra, alleged Power of Attorney holder stating that Smt. Pyari was sister of Bhodar and after his death in December, 1955 as issueless, she inherited the land in dispute. She never executed any sale deed in favour of the petitioners (or their predecessors). Bhodar was deaf, dumb and suffering from lunatic -asylum as such the petitioners were cultivating the land from his life time, on his behalf. After death of Bhodar, there had been litigation in respect of the land in dispute, in which on her behalf the petitioners used to do pairavee. On the asking of the petitioners, she used to sign papers as and when required. The petitioners fabricated sale deeds and obtained her thumb impressions on it without paying any sale consideration. The petitioners filed objections, claiming their right on the basis of two sale deeds executed by Smt. Pyari dated 22.11.1963 and one sale deed dated 6.12.1963. It has been stated by the petitioners that prior to execution of the sale deed Smt. Pyari deposited 10 times of land revenue of her sirdari land on 22.11.1963 and obtained bhumidhari certificate. On the basis of sale deeds they were in possession of the respective land transferred according to their sale deeds. There were several other objections but those are not relevant for the purposes of this writ petition. It may be mentioned that although Consolidation Officer dismissed the objection filed on behalf of Smt. Pyari by Krishna Kumar Mishra, but he had not challenged it.

(3.) AFTER death of Bhodar, Smt. Rajji filed a mutation application for recording her name as only heir of Bhodar and Smt. Pyari filed another mutation application for recording her name as only heir of Bhodar over sirdari property (acquired by Ram Hit through patta dated 10.7.1916). Both the cases were consolidated and tried together by Tahsildar, who by order dated 29.4.1957 held Smt. Pyari was heir of Bhodar, being his sister and not Smt. Rajji. Smt. Rajji filed an appeal against the aforesaid order, which was dismissed by Additional Commissioner, by order dated 17.11.1957. Thus name of Smt. Pyari came to be recorded over bhumidhari as well as sirdari land of Bhodar, since then.