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2011 Supreme(All) 809

S.S.CHAUHAN
Muneshar (Dead) By Lrs. and Others – Appellant
Versus
Deputy Director of Consolidation and Others – Respondent


Hon’ble S.S. Chauhan, J.—The present petition has been filed challenging the orders passed by the Deputy Director of Consolidation and the Settlement Officer Consolidation, contained in Annexure Nos.5 and 6 respectively to the petition.

2. The facts, in short, giving rise to the present petition are that the dispute was in respect of plot nos. 299, 300 and 302 between the petitioners and the private respondents. The said plots were recorded in the names of petitioners as well as Ram Lotan, Ram Komal, Nankoo, sons of Gur Charan in the basic year. Against this entry Ram Lotan, Ram Komal and Nankoo filed objections under Section 9 of the U.P. Consolidation of Holdings Act (for short ‘the Act’) praying therein that name of the petitioners may be expunged from all the three plots as the entry in their names was fictitious. It was also claimed by them that grove was planted on these plots by their ancestors. The claim was contested by the petitioners claiming therein to be co-sharers along with opposite parties no.3 and 4 and the father of opposite parties no.5 and 6. It was also alleged that the grove was very old and the trees planted by their ancestors were existing and they were comin





















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