JANARDAN SAHAI
Udal Narain Rai – Appellant
Versus
Deputy Director of Consolidation, Ghazipur – Respondent
Hon’ble Janardan Sahai, J.—Gangoo Rai was the common ancestor of the parties. He had three sons, Deepan Rai, Ram Naresh Rai and Jagar Seth Rai. The petitioners are the descendants of Jagar Seth Rai. The contesting respondents are the descendants of the other two branches. The dispute relates to the land in village Gadua Maqsoodpur. In the basic year these lands were recorded in the names of Ram Briksh Rai, Raj Net Rai, Ras Karan Rai, sons of Deepan Rai, Tannoo Rai, Deo Nath Rai and Bhola Hai descendants of all the three branches. Objections under Section 9 of the U.P. Consolidation of Holdings Act were filed by Bhola Rai the petitioners predecessor claiming sale tenancy rights. It is not in dispute that these plots were fixed rate tenancy plots of Amrit Rai. His daughter Jinsa Kunwar was married to Jagar Seth Rai ancestor of the petitioners. On the death of Amrit Rai and his widow Lakhna Kunwar the plots in dispute were succeeded to by their daughter Jinsa Kunwar, the wife of Jagar Seth Rai. As the lands were fixed rate tenancy land and came from the wife’s side of Jagar Seth Rai, they were liable to be treated as self-acquired properly and would have passed on by successi
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