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1973 Supreme(All) 127

N.D.OJHA, K.B.ASTHANA, SATISHCHANDRA
Nanha – Appellant
Versus
Deputy Director of Consolidation, Kanpur – Respondent


Judgement

SATISH CHANDRA, J.:- During consolidation operations the petitioners filed an objection claiming to be co-sharers in the holding. Their claim was contested by respondents 4 and 5. One of the issues framed by the Consolidation Officer was whether Beni and Gappu died before the death of Chandi, if so, its effect. In support of their Case that Chandi had died before the other two, the petitioners had, inter alia filed extracts from death registers. The Consolidation officer after considering the evidence on record, held that Gappu and Beni died before Chandi. On, inter alia, this finding the objection of the petitioners was rejected. The petitioners went up in appeal. The Settlement Officer elaborately discussed the extracts from the death registers and rejected them. He confirmed the finding of the consolidation Officer and dismissed the appeal. The petitioners filed a revision. The Deputy Director of Consolidation stated that he had carefully gone through the record of the case in the two courts below and heard the arguments of the learned counsel for the applicants as well as those of the learned counsel for the opposite parties. The arguments put forward before him by the





































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