SHEO NAND Vs. DEPUTY DIRECTOR OF CONSOLIDATION ALLAHABAD

JUDGEMENT

(1.) The appellants, who had claimed Sirdari rights by adverse possession over different plots in three different villages, were allowed that right only in respect of one plot situated in village Jethupur and their claim in respect of other plots was dismissed by the Deputy Director of Consolidation at the revisional stage under Section 48 of the U.P. Consolidation of Holdings Act, 1954 (for short, 'the Act') on a consideration of oral and documentary evidence. The Deputy Director, who carefully scrutinised the Revenue Records, filed by the parties, found many of the entries forged and fictitious; many other entries were found to have been made in the Revenue Records without complying with the mandatory requirements set out in the U.P. Land Records Manual. He ultimately came to the conclusion that since the recorded tenure-holder, namely, Jethu alias Madhoo (respondent No. 12) was not available, having died a civil death, his property would vest in the Gram Sabha. The Deputy Director had also negatived the claim of Smt. Ganeshia, alleged sister of Jethu who had also laid claim over the plots belonging to Jethu on the ground that Jethu who was unmarried and consequently had no issue, was not heard of for more than 10 years and had died a civil death and, therefore, the plots which belonged to him would come down to her by inheritance and she was entitled to be recorded as Sirdar of all those plots. Her claim has been negatived on account of the finding that she was not the real sister of Jethu.

(2.) Learned counsel for the appellants has raised two contentions. The first contention is that the Gaon Sabha had not filed any objections under Section 9 of the Act and, therefore, it could not be given the plots which belonged to Jethu and the appellants having been in possession over the plots since long had acquired Sirdari rights by adverse possession and were, therefore, entitled to be recorded as such during consolidation proceedings. This claim was negatived by the High Court on the basis of the provisions contained in Section 11-C which were introduced in the Act by U.P. Act No. XXXV of 1974. This Section provides as under:-

(3.) This Section casts a duty on the Consolidation Officer, the Settlement Officer (Consolidation) and the Deputy Director to record the property in the name of the Gaon Sabha or the State Government or any other local body or authority if, during the course of the consolidation proceedings, they notice that the property really belonged to any of them notwithstanding that they had not filed any objection, appeal or revision under the Act. This is the statutory duty of the authorities functioning under the Act and they cannot act otherwise. If, therefore, the Deputy Director of Consolidation, during the course of the hearing of revision, came to the conclusion that the claim of the appellants was not correct or that the property which originally belonged to Jethu could not be given to his sister, Smt. Ganeshia, who, as a matter of fact, was found to be not his sister, the property had to be recorded in the name of the Gaon Sabha in whom it would vest in the absence of any lawful claimant.