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2008 Supreme(All) 1123

S.K.SINGH
HARI SARAN SHANKER SRIVASTAVA – Appellant
Versus
DEPUTY DIRECTOR OF CONSOLIDATION, GHAZIPUR – Respondent


Advocates:
Counsel :
K.G. Srivastava and K.S. Chauhan for the Petitioner; V.K. Singh, C.S. Srivastava, Sudhanshu Srivastava, S.C. for the Respondents.

JUDGMENT

Hon’ble S.K. Singh, J.—This matter was taken up in the revision of list.

2. Heard Sri K.S. Chauhan, learned advocate in support of this petition. No body appears for the respondents.

3. Challenge is to the judgment of the Deputy Director, Consolidation, appellate authority and that of the Consolidation Officer by which claim of petitioner to the land in dispute has been rejected.

4. Proceedings are under Section 9-A(2) of UPCH Act which is in respect to adjudication of dispute of title/right between the parties.

5. The question involved in this petition is that although properties in dispute are neither mentioned in the body of the will nor in the schedule but other properties are mentioned in the body and schedule of the document, then whether non-mentioned properties in the document has to pass on the claimant/petitioner or not ?

6. On brief narration of facts, about which there may not be any dispute, the petition can be conveniently disposed of.

7. In the basic year record, Laxmi Narain Srivastava and others were recorded. We are concerned with the property which is said to have been left by Luxmi Narain Srivastava. Petitioner filed objection under Section 9-A(2) of UPCH Act











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