SUGAN CHAND Vs. DEPUTY DIRECTOR OF CONSOLIDATION DEHRADUN SAHARANPUR U P
LAWS(SC)-1994-12-4
SUPREME COURT OF INDIA (FROM: ALLAHABAD)
Decided on December 02,1994

SUGAN CHAND Appellant
VERSUS
DIRECTOR OF CONSOLIDATION DEHRADUN/SAHARANPUR Respondents

JUDGEMENT

- (1.) Substitution allowed.
(2.) Leave granted.
(3.) Heard the learned counsel for the parties. The inter se claim is for Plots Nos. 23, 67 and 78 in Village Halwana Ahatmal. In the suit filed by the appellant in the court of SDO, Saharanpur, Suit no. 1 of 1971-72 under Section 229-B of U. P. Zamindari Abolition Act (Act I of 1951, the trial court recorded the finding in favour of the appellant thus: "Issues 1, 2, 3 and 4 are interconnected and may be taken up simultaneously. Issue 5 relates to Smt Nichho. Her heirship is not very relevant to these proceedings as claim of defendant Sugan Chand is that he has acquired rights on the land in suit by operation of law, even if his 128 possession was adverse. I find that Plots Nos. 67 and 78 of the land in suit are entered as Sirdari of defendant Sugan Chand alone since before the abolition of zamindari, names of plaintiffs or their ancestors do not find place on these plots. The possession of plaintiffs is also not entered anywhere on these numbers. Defendant Sugan Chand therefore was rightly entered as sole sirdar over these plots and the plaintiffs have no concern over it. ";


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