- (1.) Plot Nos. 510, 519,520,521,522,523,524 and 533 of Khata No. 76 situated in village Akbarpur K. utubpur, Pargana Mustafabad, Tehsil Jasrana. , District Mainpuri, were recorded in the basic year in the name of Hiral Lal, father of the present appellants. When the Consolidation operations under the U. P. Consolidation of Holdings Act (for short "the Act") started, the respondents Filed objections claiming, inter alia, that the plots in question constituted "sir" and "khudkasht" land of their predecessor-in-interest, namely, Hansraj, who had mortgaged these plots in favour of the predecessor-in-interest of the appellants on 21/1/1920. On the abolition of the Zamindari by the U. P. Zamindari Abolition and Land Reforms Act, 1950 (for short "the ZA and LR Act") they ought to have been recorded as "bhumidhars" of the said land in view of Section 14 of the ZA and LR Act.
(2.) The appellants contested the case before the Consolidation Officer by filing a written statement and the Consolidation Officer by his judgment and order dated 29/5/1963 decided the case in favour of Hira Lal.
(3.) In appeal which was filed thereafter by the respondents, it was held by the Assistant Settlement Officer, Consolidation, by his judgment and order dated 11/7/1963, that on the abolition of Zamindari, possession of Hira Lal became adverse and since the respondents had not filed a suit for ejectment within the period of limitation (three years from the date of vesting) , they lost all their rights and consequently, the revenue entries in favour of Hira Lal could not be interfered with. This order was upheld in revision by the Deputy Director of Consolidation who dismissed the revision on 6/9/1963.;