J.N.Dubey, J. - (1.) This writ petition arises out of U.P. Consolidation of Holdings Act (hereinafter referred to as the Act) and is directed against the order dated 4th September, 1973 of the Deputy Director of Consolidation, Jalaun, allowing the revision of the opposite party No. 4.
(2.) In the basic year the land in dispute was recorded in the name of the petitioner. The opposite party no. 4 filed objection under Section 9 of the Act claiming that the land in dispute was mortgaged to him by the petitioner and as such he became bhumidhar in view of Section 164 of the U.P. Z.A & L.R. Act. The objection was contested by the petitioner on the ground that although he had mortgaged the land in dispute to the opposite party no. 4 but had never delivered possession of the land to him.
(3.) The Consolidation Officer who heard the objection dismissed it on 30th November, 1972 with the finding that the opposite party no. 4 was never put in possession of the land in dispute in pursuance of the mortgage deed. The opposite party no. 4 filed an appeal before the Settlement Officer (Consolidation) which was dismissed by him on 2-5-73. The opposite party no. 4 filed a revision before the Deputy Director of Consolidation which was allowed on 4-9-1973.;