- (1.) The dispute in this petition relates to claim of title over the agricultural holding of Khata No. 310 which at the commencement of the Consolidation proceedings was recorded in the name of one Gulab Lal, father of the petitioner and the respondent no.5. It would be appropriate to bring on record that the village was notified under Section 4 of the U.P. Consolidation of Holdings Act, 1953 on 24th July, 1973. Gulab Lal filed an objection for expunging the entry of the judgment dated 20.8.1971 in favour of the respondent no. 3-Ganga Prasad and his brother Jamuna Prasad, the husband of the respondent no. 4. One objection was filed by Kedar S/o Sarju claiming rights over four plots of the disputed Khata on the basis of adverse possession. Another dispute was raised claiming sirdari rights by Balwanta on the basis of possession reported during survey over the entire Khata. Mst. Hansau w/0 Jokhai claimed rights on the basis of a sale deed for two plots only executed by Gulab Lal in her favour.
(2.) The objection filed by Gulab Lal and Mst. Hansau were allowed on 27th October, 1975. It appears that a restoration application was filed by the contesting respondents which was allowed and the case was restored before the Consolidation Officer whereafter all the objections were consolidated and heard together.
(3.) After contest, once again the objections filed by Gulab Lal and Mst. Hansau were allowed and the objections of Kedar and Balwanta on the basis of possession were rejected. The entry endorsed in the record relating to the claim of Ganga Prasad and Jamuna Prasad on the basis of the judgment dated 20.8.1971 was directed to be expunged. The Consolidation Officer's order to that effect is dated 17.6.1977. The respondent- Ganga Prasad and his brother Jamuna Prasad filed an appeal before the Settlement Officer Consolidation. The said appeal was dismissed in default on 27th January, 1979. The village was de-notified under Section 52 of the 1953 Act on 24th April, 1982.;