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2011 Supreme(All) 3129

PRAKASH KRISHNA
RAM KRIPAL @ CHIRKUT – Appellant
Versus
DEPUTY DIRECTOR OF CONSOLIDATION – Respondent


Advocates Appeared:
Alok Krishna Tripathi, Rakesh Kumar, R.S. Mishra and Arun Kumar for the Petitioners; R.C. Singh for the Respondents.

JUDGMENT

Hon’ble Prakash Krishna, J.—The dispute relates to Khata Nos. 38 and 193 situate in village Muda Dih, Tappa Deoria, Pargana Salempur Majhauli, district Deoria. The said village was brought under the consolidation operation by issuing notification dated 12th July, 1973 published in U.P. Gazette. In the basic year, land in dispute was jointly recorded in the name of the petitioners and their predecessors in interest. A small pedigree has been given in the order of the Deputy Director of Consolidation which is not in dispute. Sehati and Bandhoo Ss/o Neoor were two brothers. The petitioners are from the branch of Sehati. Bandhoo had one son namely, Algoo, who was married with Aftee. Aftee had died in the year 1959 living behind, according to the petitioners, no male or female issue. Therefore, after death of Aftee the property in dispute came to be recorded in the name of Sehati in pursuance of mutation order dated 15th December, 1959. The names of the petitioners continued to be recorded in the revenue record since then and was so recorded in the basic year when the village was notified for consolidation operation. Smt. Gulabi, respondent No. 3 herein filed objection before th









































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