K.N.Misra, J. - (1.) This writ petition is directed against the order dated 30th of April, 1081 passed by the Deputy Director of Consolidation under Section 48 of the U.P. Consolidation of Holdings Act (hereinafter referred to as the 'Act').
(2.) Briefly stated the facts of the case are : The dispute, in the present case, relates to Khata No. 311 consisting of Plot No. 304/3 area one acre which was recorded in the basic year Khatauni in the name of Minraj Kumir wife of Ram Karat and in class 9 the name of Jag-deo, father of petitioners Jai Narain and Ram Lakhau was recorded Upon the publication of C.H. Form 3 two sets of objections were filed. The petitioners filed objection claiming sirdari rights on the land in dispute on the basis of adverse possession. Opposite parties No. 2 and 3, namely, Bhageloo and Khilodhar filed objection claiming sirdari rights being sikmi tenants of the land in dispute. The Consolidation Officer vide order dated 23rd of September, 1970 allowed the objection of the petitioners and held them to have acquired sirdari rights on the basis of adverse possession. Objections filed by opp. parties No. 2 and 3 were rejected. Aggrieved by the said order opp. parties No. 2 and 3 filed an appeal which was allowed by the Settlement Officer (Consolidation) vide order dated 11.1.71, holding opp. parties No. 2 and 3 to be the sirdar tenants of the land in dispute and rejected the claim of the petitioners holding that they have not acquired sirdari rights on the basis of their alleged adverse possession.
(3.) Aggrieved by the said order the petitioners filed revision under Section 48 of the Act which was rejected on merits, after hearing both the parties, by the Deputy Director of Consolidation vide its order dated 26th of May, 1971.;