Hon’ble Sanjay Misra, J.—The petitioner Mangru (now substituted by his heirs and legal representatives) filed objection under Section 9(2) of the U.P. Consolidation of Holdings Act 1953 (hereinafter referred to as the Act) claiming half share in Khata No. 80 situate in Gaurirai, Tappa Patna, Pargana Bansi Purab, Tehsil and District Basti. All the three Consolidation Courts have turned down his claim hence this writ petition.

2. Sri Dinesh Pathak, learned counsel for the petitioner has submitted that the Courts below have accepted the pedigree of the parties and since it was admitted that the land in question was ancestral the petitioner was entitled to half share. He refers to the pedigree reproduced below :

3. According to him, the land in question was recorded in the name of Shiv Dayal and Gherau hence the parties of both the branch had half share each.

4. He further submits that when there is co-tenancy then even if identity and continuity of the land changes from its original form the rights of co-tenancy remain unaffected. The rent receipts issued by the Zamindar prior to abolition of Zamindari clearly established the co-tenancy, hence the findings of the Consolidation