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2016 Supreme(All) 1000

RAM SURAT RAM (MAURYA)
Prem Kali – Appellant
Versus
Deputy Director Of Consolidation Sitapur – Respondent


Advocates Appeared:
For the Petitioner:Vijal Kumar, R.R. Upadhayaya and Vikas Srivastava Bakshi, Advocates
For the Respondents:C.S.C., D.P. Gupta and Prem Chand Chauhan, Advocates

JUDGMENT :

Ram Surat Ram (Maurya), J.

Heard Sri Vikas Srivastava Bakshi, for the petitioner and Sri D.P. Gupta, for the contesting respondents.

2. This writ petition has been filed against the orders of Consolidation Officer dated 21.07.2003 and Deputy Director of Consolidation dated 24.07.2006, passed in title proceeding, under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).

3. The dispute relates to plot 489 (area 2.36 acre) of village Dariyapur, pargana Lahar, district Sitapur. In basic consolidation year, land in dispute was recorded in the name of Smt. Prem Kali (the petitioner), Smt. Manno Devi and Ghan Shyam (respondents-4 and 5) in khata 145. Ramesh Chandra (respondent-3) filed an objection (registered as Case No. 69/57/53/49) under Section 9-A of the Act, claiming co-tenancy of ½ share in the land in dispute. It has been stated by Ramesh Chandra that land in dispute [whose old numbers were plots 448 (area 0.58 acre), 478 (area 0.82 acre), 841 (area 0.89 acre) and 879 (area 0.55 acre) (total area 2.84 acre) was bhumidhari holding of Guru Prasad, his great grand father, who executed a gift deed dated 17.07.1956 in favour of Smt. Parag Devi, his wid






























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