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1983 Supreme(All) 880

S. SAGHIR AHMAD
Ram Rati – Appellant
Versus
Deputy Director of Consolidation, Gonda – Respondent


JUDGMENT

S. Saghir Ahmad, J. - This is a petition under Article 226 of the Constitution of India.

2. The dispute relates to Khata No. 170 and 172 of village Shahpur Tappa Bank, Pargana and Tehsil Utraula, District Gonda. Khata No. 170 was recorded in the basic year in the names of Raja Bux Singh and his two brothers, Bhagwati Singh and Deep Narain Singh, who are opposite parties 3 and 4 in this petition. Khata No. 172 was recorded in the name of Raja Bux Singh alone. Raja Bux Singh died on 10574 after 'Partal' of the village. The petitioner filed objections under Section 9(2) of the U.P. Consolidation of Holdings Act (briefly called the 'Act') claiming sirdari rights to the extent of l/3rd share in Khata No. 170 and sole sirdari rights in Khata No. 172 in her capacity as the widow of Raja Bux Singh. The claim of the petitioner was resisted by opposite parties 3 and 4 who alleged that the petitioner was not the widow of Raja Bux Singh. They, on the contrary, claimed that they were entitled to succeed Raja Bux Singh in their capacity as his real brothers.

3. The case was disposed of by the Consolidation Officer by his judgment and order dated 30675. He dismissed the claim of Bhagwati Si

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