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2007 Supreme(All) 1644

KRISHNA MURARI
RUCHHA – Appellant
Versus
DEPUTY DIRECTOR OF CONSOLIDATION, GORAKHPUR – Respondent


Advocates:
Counsel :
H.R. Misra, H.O.K. Srivastava, Anil Kumar Dubey and Arvind Singh for the Petitioners; Murli Dhar Mishra, S.C. for the Respondents.

JUDGMENT

Hon’ble Krishna Murari, J.—Dispute in the present writ petition relates to Khata No. 6 which was recorded in the name of Raghunandan, Raghubir and Brijnandan, the predecessor-in-interest of the petitioners.

Admitted pedigree of the parties to the dispute is as under :

Gajadhar

Parmeshwar Rameshwar

Phunni Omprakash Mahendra Nagendra

Raghubir Raghunandan Brijnandan Chandi

Prabhu Sargun Jant Jata

2. During consolidation operation, an objection under Section 9-A (2) of U.P. Consolidation of Holdings Act was filed by contesting respondents claiming co-tenancy rights to the extent of half share on the ground that khata in dispute was ancestral and joint family property. The case was contested by the petitioners asserting that khata in dispute was neither ancestral nor joint family property but was acquired exclusively by their ancestor. Consolidation Officer vide order dated 3.10.1974 allowed the objection of opposite parties holding them to be co-tenure holders to the extent of half share. Appeal and revision filed by petitioners were dismissed by Settlement Officer Consolidation and De
































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