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2019 Supreme(All) 1620

SUDHIR AGARWAL
Dukkhu – Appellant
Versus
Deputy Director of Consolidation, Varanasi – Respondent


Advocates Appeared:
For the Petitioner: A.K. Rai, Vishnu Kumar Singh
For the Respondent: S.C., Shyam Narain, Vinod Kumar Rai
.

JUDGMENT :

1. Heard Sri Vishnu Kumar Singh, Advocate, for petitioner. None appeared on behalf of respondents, despite the case having been called in revise.

2. The dispute relates to the Gatas recorded in Khata No. 90, 161 and 162 as detailed below :

Khata No.

Gata No.

Area

90

97/2

0.19 dismal

90

103/1

0.11 dismal

161

315

0.19 dismal

161

99

0.37 dismal

162

97

0.19 dismal

162

103/1

0.10 dismal

3. Petitioner, Dukkhu, son of Jhuru, claimed that the aforesaid land was ancestral tenancy inasmuch Devi Charan had three sons, Mahngu, Shiv Niwaj and Ram Niwaj and all the three were recorded as co-occupants of the disputed land, in Revenue record. Name of Hemraj was also recorded in representative capacity. Defendants-3, 4, 5 and 6 are cousins of Dukkhu. Family tree given in the order of Consolidation Officer (hereinafter referred to as "CO") is as under :

Devi Charan

 

Mahngu

Shiv Niwaj

Ram Niwaj

Bhola

Bhulai

Buddhu

Hemraj

Umra

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