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2009 Supreme(SC) 706

ARIJIT PASAYAT, TARUN CHATTERJEE
GULJAR SINGH – Appellant
Versus
DEPUTY DIRECTOR CONSOLIDATION – Respondent


TARUN CHATTERJEE,J.

( 1 ) LEAVE granted.

( 2 ) THIS appeals are directed against the judgment and final order dated 19th of November, 2004 of the High Court of Uttaranchal at nainital in W. P. Nos. 1231 (M/s), 1083 (M/s) and 1084 (M/s) of 2004 whereby, the High Court had dismissed the writ petitions and affirmed the order dated 20th of October, 2004 passed by the Deputy Director of Consolidation (in short D. D. C.), Udham Singh Nagar.

( 3 ) THE relevant facts, which would assist us in appreciating the controversy involved are narrated in a nutshell, which are as follows: mohan Singh, Bhan Singh and Ram Singh jointly purchased an area of 302 Bighas in the village of Jagannathpur, Tehsil Kashipur, and District Udham Singh Nagar (hereinafter referred to as 'the property in dispute'), out of which the share of Mohan Singh was recorded as 101 Bighas. Thereafter, all these persons together with three other persons, namely, Saudagar Singh, Sohan Singh and Atma singh acquired 1486 Bighas and 6 Biswas by a lease deed executed by zaminder Radhey Shayam in their favour. In the said deed, share of mohan Singh was specified as 464 Bighas. Therefore, in total, Mohan singh claimed his share in th



























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