- (1.) Plot Nos. 770 and 772 (total area 1.33 acres) of Khata No. 99, situate in village Harpur, Pargana Kharid, District Ballia is the subject matter of the present writ petition.
(2.) The said Khata, in the basic year, was recorded in the names of Mahangu, Tulsi etc., the predecessors in interest of the contesting Respondents herein. An objection on the commencement of consolidation operation in the village was filed by Lakshmi son of Lalji and Ors. for expunging the names of Respondents herein and for recording of their names on the allegations inter alia that their ancestors namely Mandhir, Randhir and Raghuveer were declared as tenants by a competent court in the suit filed under Section 180 of U.P. Tenancy Act for their ejectment by the then Zamindar which was decided in favour of Mandhir etc.. It was further pleaded that Mahangu, the father of Respondent Nos. 3 to 6 along with other persons had filed another suit for declaration of their title in respect of the aforesaid land under Section 56/61 of Uttar Pradesh Tenancy Act wherein Mandhir etc. were Defendants. It was numbered as case No. 732 and the suit was dismissed by the judgement and decree dated 8.12.1953 and the said decree was confirmed in appeal by the Additional Commissioner, Banaras in appeal No. 189, by the judgement dated 8th of August, 1955. The Petitioners are in occupation and possession of the disputed plots and their possession was found during Partal after commencement of the consolidation operation in the village. It was further pleaded that the ancestors of the contesting Respondents by playing fraud got their names entered over the disputed Khata and on coming to know, a suit under Section 229B of Uttar Pradesh Zamindari Abolition and Land Reforms Act for declaration of title was filed by the predecessors in interest of the Petitioners which was dismissed by the Sub Divisional Magistrate. The matter was carried in appeal but in the meantime due to commencement of consolidation operation in the village the proceedings were abated. There were criminal proceedings also under Section 145 Code of Criminal Procedure between the parties.
(3.) As against the above, the Respondents came out with the case that their ancestors were declared tenant of the land in dispute by the competent court in a suit which was filed before the year 1947.;