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1982 Supreme(All) 618

K.N.MISRA
Brij Lal – Appellant
Versus
Deputy Director Of Consolidation, Lucknow Camp At Lakhimpur Kheri – Respondent


Advocates appeared:
R.K. Srivastava, D.N. Misra, A. Razzafc Khan, P. Kant, S. Mirza, Jagdish Singh

JUDGMENT

K.N. Misra, J.

1. This petition under Article 226 of the Constitution is directed against the order dated 8th March, 1973 passed by the Deputy Director of Consolidation allowing the revision filed by opposite party no. 2 Smt. Umedi, who died during the pendency of the writ petition and her heirs Jagdish and others have been substituted in her place.

2. Briefly stated the facts of the case are as follows :- The dispute in the present case relates to land of Khata no. 311 situate in village Grant no. 14, Pargana Kukra district Lakhimpur Kheri, which, was recorded in the basic year Khatauni in the names of the petitioners. Opposite party no. 2 Smt. Umedi filed an objection claiming half share in the land in dispute with the allegation that she is daughter of Devi, son of Damber, who was co-tenure holder along with the petitioners in the disputed holding. The case was contested by the petitioners with the allegations that Devi was not the son of Dambar and that he had no share in the land in dispute.

The Consolidation Officer dismissed the objection of opposite party no. 2 holding that Devi was not son of Dambar and that his name was expunged on the basis of decree dated 8-10-1






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