- (1.) THESE are two connected petitions under Article 226 of the Con stitution. They arise out of a consoli dation matter. As common questions of fact and law are involved in these writ petitions, it will be convenient to dis pose them of by a common judgment.
(2.) THE relationship of the parties will be clear from the following admit ted pedigree:- (See Pedigree on the next page.) The dispute between the parties relates to holdings Nos. 132, 133, 134 and 135. It appears that there have been earlier litigations between the parties regarding the Khatas in dispute, and one of such litigations was a suit for partition under Section 49, U. P. Tenancy Act, 1939. That suit was filed by Jagat- pal, Dan Bahadur and Ram Bahadur, re presenting the branch of Sheonath Singh, against Raghuraj Singh, Rudrapal Singh, Rampal Singh and Anantpal Singh, re presenting the branch of Devidin Singh. Rudrapal Singh filed a written statement wherein he admitted the share of the plaintiffs to be one-half, and one-fourth was claimed as his own share. A preli minary decree was passed in that suit by the Assistant Collector on 18th Janu ary, 1950. An appeal against the preli minary decree was filed by Raghuraj Singh and others, which was partly al lowed by the Addl. Commissioner on the 12th of June, 1950. He modified the decree of the trial Court in respect of the holdings of village Bishundasour and dismissed the suit in respect of those holdings on the ground that they exclu sively belonged to the defendants. On Second Appeal the Board of Revenue modified the decree of the Ad ditional Commissioner, restored that of the trial Court, and decreed the suit in toto by their order dated 10th February, 1954. That decree became final, inas much as no further appeal to the Sup reme Court was filed, nor was the judg ment of the Board of Revenue challeng ed by a writ petition. Proceedings for the preparation of the final decree, how ever, continued, and, it appears that on account of the various objections filed by the judgment-debtors, the prepara tion of the final decree kept on hanging for a long time, and a second appeal arising put of the proceeding for the preparation of final decree was pending when the village, where the Khatas in question lie, was brought under consoli dation operations by a notification dated 18th August, 1958 under Section 4 of the U. P. Consolidation of Holdings Act. @Table- Sheodutt Singh Devidin Singh Sheonath Singh Mahipal Singh Jagannath (dead) Bambux (dead) Sharda Singh I Prithipal Singh Ramratan I Rajaram Raghuraj Ratipal Singh Budrapal Singh Jagatpal Singh (dead) ijrang SinghSin Rambahadur Singh Danbahadur Singh Rampal Singh Anantpal Singh Bhartpal Singh ad).
(3.) TWO sets of objections were fil ed before the Assistant Consolidation Offi cer by Rudrapal Singh one in respect of his share in Khata No. 135 and the other in respect of Khatas Nos. 132, 133 and 134, which were registered as Cases Nos. 501 and 512 respectively. Anantpal Singh also filed a separate objection.;