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2013 Supreme(All) 2637

RAM SURAT RAM (MAURYA)
CHANDAN DEVI – Appellant
Versus
ADDITIONAL COLLECTOR/DEPUTY DIRECTOR OF CONSOLIDATION, BANDA – Respondent


Advocates:
Counsel :
R.K. Pandey for the Petitioner; C.S.C. and Rishi Kesh Tripathi for the Respondents.

JUDGMENT

Hon’ble Ram Surat Ram (Maurya), J.—Heard Sri R. K. Pandey, for the petitioner and Sri Rishi Kesh Tripathi, for the respondents.

2. The writ petition has been filed against the orders of Consolidation Officer dated 17.11.2003 and Deputy Director of Consolidation, dated 31.8.2013, passed in title proceeding, under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).

3. The dispute between the parties relates to the land of basic consolidation year khata 196 of village Mataundh, pargana and district Banda, which was recorded in the names of Gorwa (now represented by respondents-3 to 5). The petitioner filed an objection (registered as Case No. 266/427/181/266/2002-03) under Section 9 of the Act, claiming co-tenancy of 1/2 share, in the land in dispute. It has been stated by the petitioner that the land in dispute was the ancestral property coming from the time of Bhaiya Lal in the family. After death of Bhaiya Lal, it was jointly inherited by his two sons Gorwa and Maiyadeen. The petitioner is the daughter of Maiyadeen, who died in his early age, leaving behind him, his widow Smt. Ram Dulari and the petitioner, who was unmarried minor daughter. Smt. R














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