He took in aid the Order of the Deputy Director of Consolidation dated 25 3 1971 relating to village Parson to give to the progeny of the first wife half share and this view was affirmed by the Deputy Director of Consolidation in further appeal.
As is evident the basis of the Orders in favour of the progeny of the first wife is the Order of the Deputy Director, Consolidation dated 25 3 1971 relating to village Parson taking the view that the same operates as res judicata.
Since the claim of the progeny of the first wife however was companyfined to 2/5th share instead of one half, as that had been their accepted share for a long time, their claim was allowed to the extent of 2/ 5th and their holdings were companysolidated in village Parson on that basis.
The Writ Petition of the progeny of the second wife of Ram Bux was dismissed by the High Court of Allahabad on July 29, 1977, being C.M.W.P. No.
When the turn came to apply such rule in village Galand, the Consolidation Officer opted in favour of dividing the ownership lands in five equal shares.
On appeal to the Settlement Officer, however, the view was reversed.
8976 of 1972, which gave rise to this appeal by special leave.
