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2014 Supreme(All) 660

ANJANI KUMAR MISHRA
Janardan and Another – Appellant
Versus
Jagdish Prasad and Others – Respondent


Advocates:
Counsel for the Petitioners: S.K. Mehrotra and D. Shukla.
Counsel for the Respondents: C.S.C., N.K. Seth, Nitya Nand Mani Tripathi and U.P.S. Kushwaha.

Anjani Kumar Mishra,J.

This writ petition, which arises out of an objection under section 9A(2) of the U.P. Consolidation of Holdings Act (in short, the Act), seeks a writ of certiorari quashing the judgement and order dated 20.6.2006 passed by the Dy. Director of Consolidation, Faizabad (for short, DDC).

2. The dispute in the writ petition pertains to khata no. 11 of village Gangasagar, pargana Birhar, tehsil Alapur, district Ambedkar Nagar, which was recorded in the name of Man Bahal, father of respondent nos. 1 to 4, Rampati and Jagannath, sons of Ram Bharose, in the basic year.

3. The following pedigree is admitted between the parties:

Thakurdeen

Dwarika Bhullan

Manbahal

Badri

Ram Swaroop

(DIL)

=widow

Janardan

= widow

Smt. Mona

2.Ghanshayam

Raghuvanshi (DIL)

(DIL)

Jagdish

2. Devi Prasad

3. Hausila

4. Onkar Nath

4. Dwarika, father of the petitioners, filed an objection under section 9A(2) of the Act, claiming co-tenancy to the extent of ½ in the khata in dispute. It was the claim of the objector that Badri, Ram Swaroop and Bhullan, the three sons of Thakurdeen, who are also the real brothers of the objector, had executed a will in his favour in 1924. Thakurdeen had mortgaged the





























































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