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2021 Supreme(All) 446

RAJNISH KUMAR
Azadar Hussain Khan – Appellant
Versus
Deputy Director of Consolidation Faizabad – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: S.K.Mehrotra, Ishwar Dutt Shukla, Santosh Kumar Mehrotra
For the Respondent: C.S.C., Rajeshwar, Rakesh Kumar Nayak

ORDER :

1. Heard, Shri I.D. Shukla, learned counsel for the petitioners, Shri Rajeshwar, learned counsel for legal heirs of opposite party no.3 i.e. 3/a and 3/b. Notice on behalf of opposite party no.1 and 2 has been accepted by the learned Chief Standing Counsel.

2. This petition has been filed challenging the judgment and order dated 05.03.1979 passed by the Settlement Officer Consolidation under Section 11(1) of the Consolidation of Holdings Act 1953 ( here-in-after referred as the Act of 1953) and the judgment and order dated 09.12.1980 passed by the Deputy Director of Consolidation, Faizabad.

3. The facts, in brief, for adjudication of the present controversy are that the plot no.486/1 area 17 biswa and 10 dhur of Khata No.15 situated in village Simai Mohiapur, Pargana and Tehsil Akbarpur, District Faizabad was recorded in the name of Tazdar Khan, father of the petitioners as 'bhumidhar' in the basic year. The land in dispute was initially recorded in the name of one Zahoor Khan, which was subsequently came to be recorded in the name of Smt. Samagira. It was sold by Smt.Samagira by a registered sale deed dated 01.09.1965 to the father of the petitioners. Three objections were fil

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