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2005 Supreme(All) 2594

KRISHNA MURARI
Deo Nath – Appellant
Versus
Deputy Director of Consolidation – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Triveni Shanker and Dharmendra Vaish
For the Respondent: R.N. Singh, S.N. Singh and S.C.

JUDGMENT :

KRISHNA MURARI, J.

1. By means of this writ petition, the petitioners have challenged the order dated 25.8.1983 passed by the Deputy Director of Consolidation, Varanasi.

2. The dispute relates to khata No. 7 situate in village Chak Adhiya district Varanasi which was recorded as Mafi Dakhalikari (rent-free grantee) of one Sudin. The undisputed pedigree of Sudin is as under:

Sudin

Lakhpati

Baij Nath

Ram Adhar

 

 

Smt. Rajesra

 

Deo Nath

 

Bikrama

Sant Kumar

Basant Kumar

Babu Nandan

Mahadeo

3. After death of Sudin, Baij Nath father of petitioner No. 1 executed sae deed of 1/4share in the land in dispute in favour of contesting respondent Nos. 2 to 8. Respondent No. 9 also executed sale deed of the remaining half on his behalf as well as on behalf respondent Nos. 2 to 5 as their guardian, since they were minor at that time in favour of contesting respondent Nos. 2 to 8. On the basis of the aforesaid two sale deeds the name of contesting respondent Nos. 2 to 8 was recorded over the disputed khata. During consolidation operations p

























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