J.K. Tandon, J. - (1.) IT may be necessary at the very outset to state the following facts. Village Sehlumau Pargana and Tahsil Mohanlalganj, District Lucknow was placed under consolidation of holdings operations in 1956. In accordance with the scheme laid down in that Act after the usual examination of village records the statement of tenure holders made Under Section 11 was published on 31 -12 -56 . Plot No. 160/5 was shown in this statement as grove belonging to Kumbha Karan Petitioner. Section 12 of the Act allows persons interested in disputing the correctness or nature of an entry in the statement to prefer objections within a time prescribed therefor. Srimati Lachmin with whom the dispute later arose in respect of the above plot never filed within the period of limitation any objection on the statement published Under Section 11. The result was that the entry with respect to the above plot remained unaltered.
(2.) SOMETIME after the expiry of the period of limitation prescribed for filing objections Srimati Lachmin trade the objection claiming that the plot belonged to her as her grove. This objection was dismissed being time barred. An appeal against the order dismissing the objection also failed. The lady who was not satisfied then filed a suit also in the civil court claiming the grove but I have been informed by the Petitioner that that too has since been dismissed. S. 12 of the Act. which makes provision for the filing of objections and their decision on the statement of tenure holders, lays down in sub S. (7) that a question of title in respect of any plot mentioned in the statement which might and ought to have been raised Under Section ub -S. (1) of Section 1 but had not been raised shall not be raised in any objection filed Under Section ub -S. (20 of Section 20 or under sub S. (l) of Section 34. The intention underlying this provision is to give finality to questions of title which have been raised and decided or which might and ought to have been raised but have not been so raised. Section 12 appears in Chapter II and is followed by Chapter III which provide for preparation of the consolidation scheme. It is not necessary to refer to the various provisions contained in this Chapter but the relevant out of them are to be found in Ss. 19, 20, 21, 22 and 23. Section 19 requires that as soon as the Statement of Principles has become final Under Section 18 the Assistant Consolidation Officer shall in accordance with the said statement prepare a statement of proposals which among other particulars will show the khasra numbers of the plots to be allotted to each tenure holder in lieu of his original plots of his holding. Section 20 allows opportunity to the tenure holders to file objections on the statement of proposals while these objections are to be disposed of u(sic)S 21 and 22. Section 22 requires that whenever a question of title is raised in the objections it shall be referred for determination to the Civil Judge who will thereupon refer it to the arbitrator. The next S. i.e. Section 23 provides that where objections have been filed and disposed of or where no objections are filed on the statement of proposals within the time specified therefore, the Settlement Officer Consolidation shall confirm the statement after making such modifications or alterations as shall have become necessary in view of the orders passed Under Section s 21 and 22. It further lays down that the statement thus modified and confirmed will become final .
(3.) CHAPTER IV of the Act relating to the enforcement of the scheme as finalised Under Section 23 contains provisions, firstly, for the fixing of the date from which the scheme shall come into operation, secondly for the issue of allotment orders to the tenure holders of the plots allotted to them, and, thirdly, about the right of tenure holders to enter into possession of the plots allotted to them. Section 2. which also appears in the same Chapter is thus: 27(1) As soon as may be, after the consolidation scheme has come into force, the Director of Consolidation shall cause to be prepared a new village map, Khasra and record of rights in respect of each village included in the consolidation operation and the provisions of the UP Land Revenue Act 1901, shall, subject to such modifications and alterations as may be prescribed, be followed in the preparation of the said maps and records. (2) All entries in the record of rights and in the maps prepared under sub S. (1) shall be final and conclusive. (3) The record prepared Under Section ub S. (l) shall be maintained by the Collector instead of the records maintained previously Under Section 33 of the UP Land Revenue Act 1901. Sub -section (1) above contemplates that the provisions of the UP Land Revenue Act 1901 shall be applicable for the framing of new revenue records subject to such modifications and alterations as shall be prescribed by the rules. In pursuance of it the State Government have framed Rr. 72, 73 and 74. R. 72 is to the effect that the Settlement Officer (Consolidation) shall cause to be prepared a village map, khasra and record -of rights for each village in respect of the areas which were included in the scheme of consolidation on the basis of the statement of proposals finalised Under Section 23, and in the case of lands which were not included in the scheme of consolidation, after partial in accordance with R. 73 and 74. R. 74 prescribes that a field to field partial shall be made and the procedure laid down in Rr. 21 and 22 shall be followed in correcting mistakes and deciding dispute about entries. Rr. 21 and 22 in their turn lay down the manner in which the partial and objections thereto have to be conducted. The only important point about them is that the entries made in pursuance of them have not been given a finality on the question of title.;