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2014 Supreme(SC) 957

SUDHANSU JYOTI MUKHOPADHAYA, S.A.BOBDE
Krishnanand – Appellant
Versus
Deputy Director of Consolidation – Respondent


Advocates:
Advocate Appeared:
For the Appellant: Ashwani Kumar and Iti Sharma, Adv.
For the Respondent: Pradeep Kant, Sr. Adv., Ardhendumauli Kumar Prasad, Vikas Bansal, Divyanshu Sahayand Rakesh K. Sharma, Advs.

Judgment

S.A. Bobde, J.

1. Leave granted.

2. The Appellants have challenged the judgment of the Allahabad High Court, Bench at Lucknow, by which the High Court has set aside concurrent orders passed by the Consolidation Officer, Sultanpur, dated 03.02.1982; Assistant Settlement Officer, Consolidation, Sultanpur dated 21.05.1982; and Deputy Director of Consolidation, Sultanpur dated 17.08.1983.

3. The brief facts giving rise to this appeal may be stated as below:

This dispute relates to Khata No. 201 bearing two Gatas. Initially, the land was recorded in the name of Krishna Nand and Shiv Ram, sons of Ram Adhar. The relationship between the parties is as follows:     

Bachchu

Son

Ram Adhar

Son

Ram Samujh

Son

Krishna Nand

Son

Shiv Ram

Sole Daughter

Smt. Kamla Devi

Ram Adhar and Ram Samujh were real brothers, being sons of Bachchu. Ram Adhar was elder to Ram Samujh. Kamla Devi, Ram Samujh's daughter, claimed that although Ram Adhar acted in a representative capacity, the suit-property had been purchased jointly by her father and Ram Adhar in 1938 from the Hasanpur Estate












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