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2006 Supreme(All) 2511

S.U.KHAN
TULSI – Appellant
Versus
DEPUTY DIRECTOR OF CONSOLIDATION – Respondent


JUDGMENT

Hon’ble S.U. Khan, J.—Heard learned Counsel for the parties.

2. Shrimati Gangajali died in 1971. On her death dispute arose regarding succession to the agricultural land left behind by her. Tulsi and others, original petitioners, based their claim upon succession as reversioners under Hindu Law and Lalji, petitioner in connected Writ Petition No. 3186 of 1975 claimed succession on the ground that he had been adopted by Shrimati Gangajali. Deputy Director of Consolidation, Ballia through judgment and order dated 13.1.1975 passed in Revision Nos. 528, 529, 565 and 566 held that Shrimati Gangajali did not leave behind any heir, hence her agricultural property vested in State on the principle of escheat. The said judgment was challenged by both i.e. Tulsi and others and Lalji. Number of writ petition filed by Lalji was 3181 of 1975. Both the writ petitions were disposed of by this Court through common judgment dated 13.11.1991. This Court held that adoption of Lalji by Gangajali has been proved.

3. In respect of Tulsi this Court held as follows :

“So far as Tulsi is concerned, his claim has rightly been negatived by the Consolidation Authorities in that he does not come within the


















































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