ORDER :- Ram Chandra Dubey and Shanker Dubey, the petitioners and Bharadwaj Dubey, the respondent No. 4, were the members of a joint Hindu family. Their inter se relationship would be reflected from the pedigree given below :-

NIRANJAN

Ganga Raja Sarju Rajpati

Bharadwaj Ram Chandar Shankar

2. The dispute in this writ petition is in respect of the land situated in three Khatas, being Khata Nos. 50, 95-A and 95-B. Khata No. 50 comprises of Bhumidhari plots whereas Khata Nos. 95-A and 95-B consist of sirdari plots. In the basic year, these Khatas were entered in the names of the petitioners. Respondent No. 4 filed an objection claiming rights of co-bhumidhar and co-sirdar over the land of the aforesaid three Khatas. In brief, the case of respondent No. 4 was that Khata Nos. 95-A and 95-B were the joint tenancy of the ancestors of the petitioners and the respondent No. 4 and that the name of Sarju, the father of the petitioners, was recorded in the representative capacity. He claimed that at the time of the acquisition of the aforesaid plots both the parties were living jointly and, therefore, the same had to be treated as the joint property. With regard to Khata No. 50, the respondent No

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