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