K.C. Agrawal, J. - (1.) THIS writ petition is directed against the judgment and order of the Deputy Director of Consolidation dated 7 -4 -1971. The dispute is in respect of KhataS Nos. 31, 32, 33 and 34 of village Barka Arifpur, district Meerut. In the basic year the following entries were made in the revenue papers: Khata No. 31 - Kahlid Mian, Mushtaq Khan and Nawab Khan. Khata No. 32 - Khalid Mian, Nawab Khan, Manno Khan and Budhram. Khata No. 33 - Khalid Mian, Mushtaq Khan and Nawab Khan. Khata No. 34 - Nawab Mian and Khalid Mian.
(2.) BEFORE dealing with the objections filed by the different parties to the aforesaid entries nude in the basic year, it may be useful to reproduce the pedigree, which is admitted relevant for the purpose of, deciding the controversy involved in the case: Imam Khan | - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - | | | | AbdulJa Khan Kale Khan Buland Khan Smt. Zatadb (D) | | X | - - - - - - - - - - - - - | - - - - - - - - - - - - - - - - - - | | | | | Sadiq Sugra Begam | Inam Khan Mushtaq | (D) | (Husband) (son) Smt. Firdos | | Fatima (W) | Smt. Firdos | | - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Begum (W) khalid Mian | | | Yunus Khan Ramzan Ismail | khan Khan | | X | | | - - - - - - - - - - - - - - - - - - - - - - - - - - - | | | | Smt. Bundi Mst. Mohmadi | | (D) (W) | Nanoo Khan | (husband) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - | | | Haneef Abdul Rahman Suleman Khan - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - | | | | Yaseen Yunis Farukh Asaq - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 2a. There is no dispute between the parties that the land comprised in all the four khatas consists of bhumidhari plots. Abdulla Khan, shown, in the above pedigree, had a son Sadiq and a daughter Smt. Sugra Begam. Smt. Sugra Begam was married to Ismail Khan. After his death, Smt. Sugra Begam married Nawab Khan. It is the name of this Nawab Khan which is entered in the basic year, mentioned above. His name had come in the revenue records after the death of his wife Smt. Sugra Begam. As stated above, Sadiq was the son of Abdulla Khan. Sadiq died leaving behind his widow Smt. Firdos Fatima. Khalid Mian, Respondent No. 2, is the son of the previous husband of Smt. Firdos Fatima, who remarried after the death of her first husband Sadiq. The main dispute with regard to Khatas Nos. 31, 32, 33 and 34 is between Khalid Mian, on the one hand and Nawab Khan, Mushtaq Khan, Mst. Wazir Khanam and Smt. Firdos Begam on the other hand. The claim of Mst, Wazir Khanam was that Nawab Khan and Mushtaq Khan were co -tenure holders along with Sadiq and after his death with Smt. Firdos Begam. Nawab Khan executed a sale deed on 28 -5 -1959 in favour of Smt. Wastir Khanam transferring his rights in the property in dispute, whereas another sale deed was executed by Mushtaq Khan on 11 -2 -1963 in her favour regarding the plots of these khatas. Mst. Wazir Khanam, therefore, claimed that she having purchased the rights of the aforesaid co -tenure holders of the present four khatas was entitled to be recorded as a Bhumidhar and to obtain the right and interest belonging to the aforesaid two persons. Khalid Mian contested the claim of Mst. Wazir Khanam. He admitted that Nawab Khan and Mushtaq Khan were the co -tenants of the aforesaid khatas at one time, but alleged that since 1955 Nawab Khan and Mushtaq Khan were out of possession and as the land remained is possession of Sadiq, thereafter, Firdos fatima and afterwards in his possession, therefore he had perfected title in respect of these khatas by adverse possession. It may be stated that Khalid Mian alleged that after the death of Sadiq in 1955, the possession of the plots was obtained by Smt. Firdos Begam, who executed a gift deed in his favour in 1963. In this way, Khalid Mian was the sole owner of the disputed plots. He claimed that he was entitled to tack the adverse possession which started from the time of Sadiq with his own and could acquire the rights by virtue of the same.
(3.) SMT . Mohamadi filed an objection with regard to the plots of khata No. 32 asserting that she was the co -tenure holder of this khata. Her claim was contested by Nanoo Khan son of Abdul Ghani. Nanoo Khan alleged that Smt. Mohamadi had no share in the aforesaid khata.;