JUDGMENT :

CHANDRA KUMAR RAI, J.

1. Heard Mr. Rakesh Pande, learned Senior Counsel assisted by Ms. Vishakha Pandey as well as Mr. Adya Prasad Tiwari, learned counsel for the petitioner, Mr. R.C. Singh, learned Senior Counsel assisted by Sri Bhaju Ram Prasad Sharma as well as Mr. S.N. Tripathhi, learned counsel for the private respondents and Mr. Sharad Chandra Singh, learned Addl. C.S.C. for the state-respondents.

2. Brief facts of the case are that petitioner and predecessor-in-interest of the private respondents are real brothers. According to the petitioner, family partition amongst the brothers had taken place on 27.4.1995 by which the property in dispute was distributed between the petitioner and the predecessor-in-interest of the private respondents, accordingly, a settlement deed was written on 27.4.1995. According to the private respondents, no such family arrangement/settlement had taken place and the alleged settlement deed dated 27.4.1995 is forged and fabricated document. Against the basic year entry of plot nos. 1397, 1400, 1401 area 0.809 hectare of Khata No. 78 an objection under Section 9-A(2) of the U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as