Hari Swarup, J. - (1.) LAKHAN Has filed this petition against the order bf the Director of Consolidation, Ballia, dated 17 -6 -67 passed in revision filed by Jamuna Singh, opposite party No. 4, Under Section 48 of the UP. Consolidation of Holdings Act in proceedings arising out of Objections Under Section 9 A of the Act.
(2.) THE Director of Consolidation has held that the Petitioner Lakhan is entitled to be recorded as tenure holder but has directed that Jamuna Singh "should be recorded in possession in class IX on the plots No. 1246, 1247, 1326, 1432, 1889, 3117, 3118, 3119 and 3121." The possession in class IX is recorded of "occupiers of land without the consent of the person entered in column 4 of the khasra". In column 4 of the khasra the name of such tenure holder is to be recorded who may be entitled to hold the tenure. Under Section 9A of the UP Consolidation of Holdings Act, the rights of the parties have to be determined and the name of the per son entitled to hold the land is to be entered in the revenue records The enquiry Under Section 9A is conducted for the purpose of determining the valuation of land which different tenure holders may be entitled to. Once it is found that a particular person is the tenure holder, his name has got to be recorded. If, however, he is by reason of another's possession, found to have lost title, then his name will be expunged. It is, therefore, necessary to determine whether or not the person in possession has remained in possession of the land long enough to acquire title over the land The law does not contemplate the recording in revenue records, during Consolidation proceedings, names of persons in possession who have no title to the land. What is material for consolidation operations is the title to the land and not illegal possession of the same, based on no title. The order of the Director of Consolidation, therefore, suffers from a manifest error of law. In the result the petition succeeds and is allowed with costs. The order of the Director of Consolidation is quashed and he is directed to pass necessary orders in the revision in accordance with law petition allowed.;