The court upheld the Deputy Director's finding that Jaikaran was not proven to be the son of Jorai, affecting the inheritance claims of his alleged sons.

JUDGMENT :

(Alok Mathur, J.)

1. The petitioners by means of the present writ petition have assailed the order dated 08/04/1983 passed by Deputy Director of Consolidation whereby he has allowed the revision filed by respondent No. 3 and has set aside the order dated 14/04/1981 passed by the Consolidation Officer, as well as the order dated 16/01/1982 Passed by the Settlement Officer (Consolidation).

2. The facts and brief necessary for adjudication of the present case are that Khata No. 65 was recorded in the name of Jorai. On the death of Jurai proceedings under Section 12 of the Consolidation of Holdings Act, 1953 were initiated. Objections were filed by one Ram Asrey and Ram Kumar claiming themselves to the legal heirs of the deceased Jorai and prayed for deletion of name of Jorai and mutating their name in his place. It was stated that Gata nos. 107, 130, 165 and 118 name of Ram Kumar be mutated in place of the deceased and in remaining of the land owned by Jorai name of the both the applicants be mutated.

3. The focal point of the dispute in the present case is the parentage of Jaikaran, who is father of Ram Chet and Barkhu. Jorai is said to have 3 sons from 3 wives. Jaikaran was the son from Sugai from the previous marriage, and she had brought him along with her when she started living with Jorai.

4. According to the applicants family tree of Jurai is as under :

5. Another objection was filed by Barkhu who prayed that from Chak No. 65 name of Jorai be deleted and in his place name of Ram Kumar, Jaikaran, Ram Asre be mutated.

6. The Consolidation Officer had framed 6 issues for determination including as to whether Ramchet and Barkhu were the legal heirs of Jurai, and are entitled to inherit the disputed property owned by Jorai. There was no dispute with regard to the fact that Jai Karan had died during the lifetime of Jorai. Ramchet had submitted before the Consolidation Officer that after the death of Jorai the entire property was divided and inherited by Ram Kumar, Ram Asre, Barkhu and Ramchet. Ramchet and Barkhu got 1/3 share and are in possession of the said property. The relationship between Ramchet and Ram Asre was strained on account of division of the property. It was also submitted that Jorai had 3 wives. From the 1st wife Jaikaran was born, from the 2nd Ram Asre and from the 3rd Ram Kumar. Ram Kumar in his statement had submitted that Jorai used to live with Ram Kumar and his mother while Ramchet, Barkhu and Ram Asre used to live separately.

7. Ram Asre had stated that Jorai had left his 1st wife and started living with Dharmi and out of the said relationship Ram Asre was born. After the death of Dharmi he started living with Sugai, and in fact Sugai had brought Jaikaran when she came to live with Jorai. The 1st husband of Sugai was Somai. After death of Sugai, Jorai married Jokhani and out of the said wedlock Ram Kumar was born.

8. Another independent witness Badai had stated that Jaikaran was not the son of Jurai. He has further stated that Jorai had left his legally wedded wife and started living with Dharmi, and out of the said relationship Ramasre was born, and after death of Dharmi he brought Sugai who had been previously married to Somai, and Jaikaran is the son of Sugai and Somai. After death of Jorai, Ramasre and Ram Kumar have inherited his property and are in possession of the same. He had also stated that in the Pariwar register for Gram Pakoli for house No. 21 name of Jorai is registered as being son of Katwaru, with his name wife being Jokhni and Ram asrey and Ram Kumar are shown to be his sons. No other name is indicated as member of the family.

9. The consolidation officer after analysing the entire evidence returned a finding that Jorai had 3 sons namely Ram Kumar Ramasre and Jaikaran, and Jaikaran had 2 sons namely Ramchet and Barkhu. He held that the property of Jorai had to be divided in 3 parts between Ram Kumar, Ramasre and Jaikaran, while the property of Jaikaran would be inherited by Ram