S.N. Singh, J. - (1.) THIS petition Under Article 226 of the Constitution is directed against the orders of the Dy. Director of Consolidation and the Settlement Officer (Consolidation) and a prayer has been made for quashing the orders of these authorities.
(2.) IN order to appreciate the controversy between the parties it is necessary to give the following pedigree: Tree Table The dispute in the present case is in respect of two khatas Nos. 77 and 78 of village Humayunpur, pargana Ferozabad, district Agra. These khatas were occupancy tenancy khatas. On 2nd November 1958 an agreement was executed between Pyare Lal and Sant Lal shown in the above pedigree as the first party and Bankey Lal and Salig Ram shown in the said pedigree as the second party. This agreement was to the effect that the second party had one -third share in the occupancy tenancy in Mohal Dhani Ram and Dharam Ram in khata No. 77 and that they had allowed the first party to cultivate the entire land including the undemarcated share of the second party and they had agreed to pay the second party Rs. 30/ - per year for profits and in case of default of this payment the second party would be entitled to have possession over plot Nos. 131, 125 and 277 of that khata exclusively and thereafter the second party would be entitled either to cultivate those plots or let them out to others.
(3.) IT appears that there was default in paying Rs. 30/ - with the result that in the year 1945 Salig Ram and Bankey Lal instituted a Suit No. 130 of 1945 in the court of Munsif, Fatehabad against Pyare Lal and Sant Lal and having given the details of the agreement in the plaint asserted that since there was a breach of the agreement the Plaintiffs were entitled to recover possession over plots Nos. 125, 131 and 277 which were occupancy plots.;