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1995 Supreme(All) 784

G.S.N.TRIPATHI
DHARAM DEO – Appellant
Versus
D D C VARANASI – Respondent


Advocates Appeared:
PRAKASH KRISHNA, RADHA KRISHNA, SANKATHA RAI,

G. S. N. TRIPATHI, J.

This is a writ petition under Section 226 of the Constitu tion of India praying for a writ in the nature of certiorari quashing the order dated 23-5-74 and 26-3-75 passed by respondents 1 and 2.

2. There is an unless disputed. pedigree given in the judgment of the Consolida tion Officer, Varanasi, showing that Gokul had four son, namely, Budhan, Ram Das, Banphal and Faiku. For the purpose of this litigation, Budhan and Faiku are not importent. Ram Das has a son Ram Naresh, now respondent No. 3. Budhans son, Dharam Deo. Ram Chandra and Rajendra are the petitioners in this case. Consolidation proceedings started some time in 1970-71 when Budhan was very much alive. In the basic year, the name of Ram Naresh was recorded. Dharam Deo, Rajendra and Ram Chandra filed their objection under Section 9-A (2) of U. P. Con solidation of Holdings Act They claimed the property as the sole property of Bud han inherited by them. Not only this, another plank which was developed later on was that Gokul had no son of the name of Ram Naresh. Meaning thereby, that Ram Naresh was totally foreign to this family :

3. In his reply, Ram Naresh said that he was a co-tenant of the disputed

















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