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2010 Supreme(All) 3399

VIKRAM NATH
Hari Kishun and another – Appellant
Versus
Deputy Director of Consolidation, Deoria and others – Respondent


Vikram Nath, J.: -

The dispute relates to Khata Nos.177A and 148 of Village Nema, Pargana Salempur Majhauli, Tahsil Salempur, District Deoria. The petitioners were recorded in the basic year over Khata No.177A. Separate objections were filed by the respondent nos.4 to 8, claiming 1/2 share each in Khata No.177A. Over Khata No.148 Sheo Nath alone was recorded and as such the petitioners filed objections with regard to the three plots of the said Khata on the ground that they were ancestral coming down from the common ancestors of the petitioners and Sheo Nath and in a partition which had taken place in 1947 they were given these three plots exclusively. Other objections were also filed with regard to the said plots. The Consolidation Officer consolidated all the objections and by order dated 24.10.1972 allowed the objections of Ghinhu (respondent no.5) over Khata No.177A directing that the name of the petitioners be expunged and the name of Ghinhu be recorded. The other objections with regard to Khata No.177 A were rejected. Further with regard to the three plots of Khata No.148 the objections of the petitioners were rejected. Petitioners filed an appeal which was partly allowed to t










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