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2019 Supreme(All) 628

SALIL KUMAR RAI
Ram Sakal – Appellant
Versus
Sheo Pal – Respondent


Advocates:
Advocate Appeared:
S.K. Verma, Adv., Anish Kumar Sinha, Adv., R.K. Jain, Adv., Md Zeaul Hoda, Adv., Rahul Jain, Adv., Ram Niwas Singh, Adv., Syed Farman Ahmad Naqvi, Adv.

JUDGMENT :

SALIL KUMAR RAI, J.

1. Heard learned counsel for the parties.

2. The dispute in the present writ petition as well as in the consolidation proceedings from which the present writ petition arises relates to Khata Nos. 41 and 42 (hereinafter referred to as, ‘disputed khatas’) of Village Hetimpur, Paragana Zamania, District-Ghazipur. It is the admitted case of the parties that the disputed khatas were acquired by one Santu. The petitioners were recorded as the tenure holders of the disputed khatas in the basic year records,. During the consolidation proceedings in the village Case No. 72/310 under Section 9-A(2) of the U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as, ‘Act, 1953’) was registered on the objections dated 26.3.1971 filed by Jhuri, i.e., respondent No. 2. Respondent No. 2 is the son of Sheopal. In his objections, the respondent No. 2 claimed that Sheopal was the sole tenure holder of the disputed khatas and the petitioners were fictitiously recorded in the basic year records relating to the disputed khatas.

3. In his objections, respondent No. 2 alleged that Santu had two sons Jokhan and Mokhan and Sheopal was the descendant of Mokhan. In his obj







































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