- (1.) Heard Sri C.B. Singhal, for the petitioners and Sri Mahendra Rai, holding brief of Sri A.K. Mishra, for the respondents.
(2.) The writ petition has been filed for quashing the orders of Assistant Settlement Officer Consolidation (respondent-2) dated 19.10.1974 and Joint Director of Consolidation (respondent-1) dated 13.07.1976, and order of Consolidation Officer dated 19.09.1973, so far as it is in respect of plot No. 438 only passed in title proceeding, under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).
(3.) The dispute relates to khata No.205 (consisting of plots 151/1, 153/2, 160 and 438) of village Siraudhan, tahsil Hapur, district Meerut, which was recorded in the names of Gainda and Chuttan (respondents-4 and 5) (hereinafter referred to as the respondents) and Buddhan, Subrati, Mammad and Dangadu (the petitioners) in basic consolidation year. The petitioners filed an objection (registered as Case No. 1282) under Section 9 of the Act, claiming themselves to be the owners of the khata in dispute and for deleting the names of the respondents. The respondents claimed that property in dispute was jointly acquired by Gallad (father of petitioners-1 to 3) and Kundan (father of the respondents) as such the respondents together had share in it. The case was tried by the Consolidation Officer (respondent-3). Apart from documentary evidence produced by the parties, the petitioners examined Buddhan (PW-1) and Dalmeera Khan (PW-2) and the respondents examined Chuttan (DW-1) and Ali Meer (DW-2). The Consolidation Officer, by his order dated 19.09.1973 found that Azeema and Buddhan purchased old plots 132/1, 132/2, 132/4, 138/2, 138/5, 138/6, 138/7 and 138/9) (new plots 151/1, 153/2 and 160) from Uktul Fatma who was sir holder, through sale deed dated 28.09.1920 and their names were recorded on it's basis in 1334 F khatauni. Azeema and Buddhan subsequently sold some share in it to Mammad and Dangadu. He further found that the names of Gainda and Chuttan came to be recorded for the first time along with the names of the petitioners over the land in dispute in 1336 F khatauni as occupancy tenants. The petitioners were sir holders of plots 151/1, 153/2 and 160, as such entry of occupancy tenancy in 1336 F was forged. That entry continued. On coming to know about this forged entry, the petitioners filed a suit under Section 229-B which was abated due to consolidation operation in the village. On these findings he held that plots 151/1, 153/2 and 160 were exclusive property of the petitioners while in plot 438, the respondents together had share and remaining share belonged to the petitioners.;