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2000 Supreme(SC) 1155

S.RAJENDRA BABU, SHIVARAJ V.PATIL
Komal – Appellant
Versus
Deputy Director Of Consolidation, Deoria – Respondent


JUDGMENT

Shivaraj V. Patil, J.-Leave granted.

2. Briefly stated, the facts leading to the filing of this appeal are the following.

3. The property in dispute relates to Khata Nos. 22 and 142 of village Kermeni Premwalia, Distt. Deoria. The respondents 3 to 7 and one Smt. Samundri filed objections before the Assistant Consolidation Officer and prayed that the name of the recorded tenure holders be expunged and their names may be recorded contending that one Smt. Rojhani was the tenure holder of the disputed property; she died in the year 1966 and they were entitled to the said property by succession. There was no dispute between parties that the properties belonged to Ram Subhag. The said property was recorded in his name in Khatauni of 1332 Fasali. The appellants contested the claim of Respondents 3 to 7 and Smt. Samundri on the ground that after the death of Smt. Rojhani in the year 1966, Mahaveer and Udit became entitled to succession under Section 171 of Uttar Pradesh Jamindari Abolition and Land Reforms Act, 1953 (for short the Act). In the said proceedings before the Assistant Consolidation Officer, the respondents examined Shanker and one Kuber Pandey in support of their claim.































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