- (1.) Heard Sri R.K. Kakkar and Sri Satya Prakash, for the petitioners and Sri Kr. R.C. Singh, for the respondents.
(2.) The writ petition has been filed for quashing the orders Deputy Director of Consolidation (respondent-1) dated 27.08.1974, Settlement Officer Consolidation (respondent-2) dated 29.08.1973 and Consolidation Officer (respondent-3) dated 21.08.1971 (so far as it is against the petitioner), in title proceeding, under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).
(3.) The dispute related to the land recorded in khata 352 (consisting plot No. 1071) and khata 353 (consisting plot Nos. 773, 939, 970, 972, 976, 996, 1000 and 1001) of village Kashipur, pargana Akbarpur, district Kanpur. In basic consolidation year, khatas in dispute were recorded in the names of Alla Bux and others (respondents-4 to 7) (hereinafter referred to as the respondents). Nabi Bux and others (the petitioners) filed an objection (registered as Case Nos. 1638, 1639, 1640, 1641, 1642 and 1643) under Section 9-A of the Act, claiming their co-tenancy in the land in dispute. In alternative they claimed sirdari right over plot Nos. 939, 975, 996 and 1001, under Section 210 of U.P. Act No. 1 of 1951, being in possession of it, for more than statutory period of limitation. The petitioners set up a pedigree and stated that the petitioners and respondents were descendants of common ancestor Madari. Land in dispute was ancestral property and coming in the family since before 1310 F. According to the pedigree, the petitioners together had 1/3 share in the land in dispute. In alternative they claimed that they had been in possession of plot Nos. 939, 975, 996 and 1001, and their names were recorded in column IX of the khatauni in 1367 F and have acquired sirdari right under Section 210 of U.P. Act No. 1 of 1951, being in possession of it, for more than statutory period of limitation. The respondents contested the objection of the petitioners. They admitted the pedigree as set up by the petitioners but claimed that the land which were recorded in the names of Bhagwan and Jeo Rakhan in 1310 F were not inherited by the family. There had been discontinuity of the tenancy. Sardar son of Ganna and Alla Bux and Peer Bux sons of Bulaki, subsequent to partition in the family, acquired the land in dispute independently which came to be recorded in their names alone in 1348 F. The nature of tenancy and identity of the land recorded the names of Bhagwan and Jeo Rakhan in 1310 F have been changed. The land in dispute was not inherited by Sardar son of Ganna and Alla Bux and Peer Bux sons of Bulaki but it were their self acquisition as such the petitioners who belonged to the other branch of the family had no share in it. In respect of the claim of adverse possession, they stated that no PA-10 was issued and served upon them as such entry of the names of the petitioners in column IX of the khatauni 1367 F is unauthorized and no reliance can be placed on it. They further claimed that continuity of the possession of the petitioners for more than statutory period of limitation has not been proved.;