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1975 Supreme(All) 477

N.D.OJHA
Kilhati – Appellant
Versus
Deputy Director Of Consolidation (II) – Respondent


ORDER :

N.D. Ojha, J.

This writ petition arises out of proceedings under the U.P. Consolidation of Holdings Act. The land in dispute was recorded in the basic year in the name of the Petitioner. One Chirkut was the tenure-holder of the land in dispute. He died in 1964 leaving Smt. Adra, Respondent No. 2, as his widow and Smt. Kilhati the Appellant as his daughter. Smt. Adra, Respondent No. 2, filed an objection alleging that being the widow of Chirkut she was entitled to be mutated over the land in dispute and that the name of the Petitioner had wrongly been recorded. The case of the Petitioner, on the other hand, was that Respondent No. 2 on the death of Chirkut remarried her brother-in-law Ram Samujh so that she lost all interest in the land in dispute and the Petitioner being the daughter of Chirkut was rightly recorded in village papers. It 'appears that Respondent No. 2 had also executed a sale deed in respect of the land in dispute in favour of Ram Samujh on 18th July, 1966, for a sum of Rs. 1,000/-. From a perusal of the order of the Consolidation Officer it appears that it was registered document. Rs. 500/- were said to have been paid at the time of registration and Rs. 500/-




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