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2010 Supreme(All) 4271

SHRI NARAYAN SHUKLA
Hausla Prasad – Appellant
Versus
Deputy Director of Consolidation, Faizabad and others – Respondent


Shri Narayan Shukla, J.;-

Case is called out. None appears for the opposite parties despite notices deemed sufficient.

Heard learned counsel for the petitioner.

2. The petitioner has challenged the order dated 30.11.1970, passed by the Consolidation Officer, the order dated 15.3.1971, passed by the Assistant Settlement Officer Consolidation, Faizabad as also the order dated 6th of August, 1982, passed by the Deputy Director of Consolidation.

3. The dispute relates to Gata No.2745. The petitioner claims sole right over the Gata in question on the basis of the sale deed executed by one Shri Jagdish Pratap Sahi as well as on the basis of a gift deed executed by one Shri Aacharji Upadhyay in favour of petitioner's grand father, whereas only on the basis of entry entered in the revenue record in 1345 fasali made in the name of Ram Harakh alongwith Raja Jagdish Pratap Sahi, the respondents have been declared co-tenure holders of the land in dispute. It is stated that there is no basis for recording the name of Ram Harakh, whereas upon perusal of the record, I find that the pedigree submitted by the petitioner, indicates that the parties belong to the same family. There is a statement of Maha


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