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2014 Supreme(All) 2013

RAM SURAT RAM (MAURYA)
Hari Ram – Appellant
Versus
Jamuna – Respondent


Advocates Appeared:
For the Petitioner: Sunil Kuamr and Rakesh Pande, Counsel.
For the Respondent: C.S.C. Ashish Kumar Srivastava and Tariq Maqbool Khan Counsels.

JUDGMENT :

Ram Surat Ram , J.

Heard Sri Rakesh Pandey and Sri Sunil Kumar, for the petitioner and Sri Ashish Kumar Srivastav, for the contesting respondents.

2. The writ petition was filed for quashing the order of Additional District Magistrate/ Deputy Director of Consolidation dated 27.12.2013, arising out of title proceeding under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).

3. The dispute relates to properties of khatas 130, 131 and 147 of village Lezar Mahadeva, tappa Lehra, tahsil Farenda district Mahrajganj. In basic consolidation records, the names of Yadunath son of Triveni, Kashi and Parmeshwar sons of Kundan, Parsuram son of Jamuna, Gyandas and Bhagwandas sons of Gannu were recorded over khata 130, the names of Yadunath son of Triveni, Kashi, Parmeshwar and Jamuna sons of Kundan were recorded over khatas 131 and 147. The dispute is in respect of the share of Yadunath. Hari Ram (the petitioner) filed an objection under Section 9 of the Act, claiming the share of Yadunath on the basis of his will. Jamuna son of Kundan and Ghanshyam son of Pareshwar (respondents-1 and 2) filed an objection on the ground that Yadunath did not execute any will an



















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