M.P. Mehrotra, J. - (1.) This special appeal against the judgment of a learned single judge of this Court has been filed by the petitioner whose writ petition was dismissed by the said learned Judge.
(2.) The dispute arises out of consolidation proceedings.
(3.) The brief facts are these : One Raja Krishnapal Singh of Umri. district Pratapgarh was the original proprietor of the land in dispute. He had two sons Sant Bahadur Singh and Lal Pratap Bahadur Singh. Sant Bahadur Singh as the elder brother inherited the property in dispute. He was married to Rani Vishwa Kumari Devi who shall, hereinafter, be referred to as the Rani. Sant Bahadur Singh died in 1947 and thereafter a dispute arose between the Rani and the said Lal Pratap Bahadur Singh regarding inheritance to the property left by Sant Bahadur Singh. The matter was referred to arbitration and the Arbitrators delivered the award on 26-11-1948 which was registered and then filed in the court of the Civil Judge, Pratapgarh for being made the rule of the court. The court sought certain clarifications from the Arbitrators and the latter submitted their clarifications to the court. The clarifications were made a part of the original award. The Rani granted one lease on 29-6-1949 in respect of some plots and another lease on 7-7-1949 in respect of certain other plots. Both the leases were in favour of the petitioners-appellants. The plots in question were admittedly either sir or or Khudkasht. The petitioners appellants entered into possession on the basis of the said leases and have admittedly continued to be in possession throughout. The Rani is admittedly still alive.;