The High Court while allowing the writ petition quashed the judgment and order of Assistant Director Consolidation and restored the order of Consolidation Officer and Settlement Officer Consolidation.
1838 before the Assistant Settlement Officer Consolidation, Jhansi Camp Banda which was dismissed vide order dated 25.9.1980.
Be it numbered, as per the version of the appellants Debiya is number the legal son of Sonia and Mengi, therefore, he companyld number be the legal heir to succeed the inherited property of Sonia.
The appellants herein being aggrieved by the said order filed Appeal No.
Being aggrieved by the revisional order Debiya the respondent herein filed writ petition before the High Court.
Hence this appeal.
The Consolidation Officer vide order dated 7.7.1980 declared Debiya to be the sole legal heir of Sonia and Teni.
Sonia died in April, 1977.
5813/85 setting aside the judgment and order of Revisional Court .
Only two daughters namely Bhagwania and Maiki were born out of the wedlock.
The appellants herein Subba and Sudish are the sons of Maiki.
In the year 1978, the appellants herein filed objections under the provisions of U.P. Consolidation Holdings Act, 1953 before the Assistant Consolidation Officer, Zari, District Banda for declaration as legal heirs of Sonia and their names to be recorded in the revenue records in place of Sonia.
It is alleged that after the death of Mengi one Teni who was working for Sonia as labourer developed illicit relations with Sonia as a result one son Debiya respondent herein was born.
Thereafter the appellants filed revision number 1656 which was allowed by the Assistant Director Consolidation vide order dated 19.4.1985 setting aside the judgment and order of Settlement Officer Consolidation and directed the names of the appellants to be recorded in respect of the said property left behind by Sonia.
Deviya also filed his objections whereunder he claimed that the disputed property was self acquired property of his father Teni.
After the demise of Mengi, Sonia inherited the property in question from the deceased Mengi.
The facts leading to filing of this appeal are one Smt.
Sonia resident of village Chhibab was married in Zari with Mengi.
SUDERSHAN REDDY,J. Leave granted.
This appeal is directed against the judgment and order of Allahabad High Court dated 3.7.2006 in CMWP No.
