MST. KAILASHIYA Vs. ASSISTANT DIRECTOR OF CONSOLIDATION, BANDA AND OTH
LAWS(ALL)-1983-10-48
HIGH COURT OF ALLAHABAD
Decided on October 31,1983

Mst. Kailashiya Appellant
VERSUS
Assistant Director Of Consolidation, Banda And Oth Respondents

JUDGEMENT

K.N.Misra, J. - (1.) Heard learned counsel for the petitioner and persued the impugned order dated 23rd July, 1983 passed by the Assistant Director of Consolidation, Banda. Opposite party No. 4 Ram Sajiwan was recorded as tenure-holder of the plot in dispute in the basis year record. Smt. Kailashiya the petitioner, filed objection claiming Sirdari rights on tho basis of adverse possession. The Consolidation officer, after taking into consideration the evidence on record, dismissed the objection of the petitioner holding that she had not perfected rights by adverse possession and that the entries in her name in 1359F and onwards were not reliable. Petitioner filed appeal which was allowed by the Settlement Officer Consolidation by order dated 15-9-1982 and her name was ordered to be recorded as tenure-holder over the land in dispute after expunging the name of opposite party No. 4. Against that order passed by the Settlement Officer Consolidation, opposite party No. 4 preferred revision which was allowed by the Asstt. Director of Consolidation, vide order dated 23rd July, 1983. He has set aside the order passed by the Settlement Officer Consolidation and agreeing with the order passed by the Consolidation Officer, has restored the same.
(2.) Learned counsel for the petitioner contended that the Assistant Director of Consolidation erred in allowing the revision of the opposite party and in rejecting the claim of the petitioner who was held to be Sirdar tenant by the Settlement Officer Consolidation having perfected rights by adverse possession. Learned counsel urged that the entries in revenue records which were believed by the Settlement-Officer Consolidation have been wrongly dis-believed by the Assistant Director of Consolidation. He has thus contended that the order passed by the Asstt. Director of Consolidation deserves to be quashed. I am unable to agree with this contention. I have persued the impugned order passed by the Assistant Director of Consolidation and I find that he has given good reasons for rejecting the entries in the name of the petitioner which were made in the year 1359F. and in subsequent, years. He has observed that the entries in the name of the petitioner were made quite against the rules and were fictitiously made in her favour. I do not find any error in that finding.
(3.) Learned counsel for the petitioner contended that the opposite party had accepted the possession of the petitioner, and, as such, petitioner should have been held to be tenure-holder of the land in dispute. The Assistant Director of Consolidation has referred to the statement of Ram Sajiwan opposite party No. 4 and has observed that no such admission appears in his statement.;


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