BHAGELU Vs. DEPUTY DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) Petitioners, Bhagelu and Ganga Ram, both sons of Ram Swaroop (now deceased and substituted by legal heirs) have filed this writ petition under Article 226 of the Constitution, being aggrieved by order dated 02.02.1974 passed by Deputy Director of Consolidation, Basti (hereinafter referred to as the "DDC"), whereby it has allowed Revision No. 469 of respondent no. 4 and dismissed Revision No. 451 filed by petitioners and held that except sale deeds executed by petitioners, in remaining land, respondents no. 3 (Bhulai) and 4 (Ram Autar) each, shall have half share.

(2.) The dispute relates to Khata No. 19, Plots No. 11, 181, 208(M), 240, 243, 208/2, 206 and 240(M).

(3.) Petitioners claimed to be recorded Bhumidhar in basic year entry. Respondents 3 and 4 filed objection claiming sole Bhumidhari and Sirdari rights stating that petitioners have no such right over disputed land. Respondents 3 and 4 are off shoot in the same family tree of petitioners though from different branches. Petitioners on incorrect facts filed suit under Section 229B of U.P. Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as the "Act, 1950") and it being decreed, got disputed plot recorded solely in their names though they have no rights. Petitioners have sold their rights on 25.08.1969 in favour of Mst. Sukhani wife of Bhulai. There is no compromise between parties and names of petitioners be expunged and names of Respondents 3 and 4 be entered.