BASHER AHMAD AND ANR. Vs. THE DEPUTY DIRECTOR OF CONSOLIDATION AND ORS.
LAWS(ALL)-1986-1-72
HIGH COURT OF ALLAHABAD
Decided on January 29,1986

Basher Ahmad And Anr. Appellant
VERSUS
The Deputy Director of Consolidation and Ors. Respondents

JUDGEMENT

B.L. Yadav, J. - (1.) This petition Under Article 226 of the Constitution of India is directed against the order dated 14.08.1974 passed by the Deputy Director of Consolidation in a revision Under Sec. 48 of the U.P. Consolidation of Holdings Act (for short the Act). The plot in dispute was 616 area 10 bight 1 beeswax and Basher Ahmad, Petitioner No. 1 was recorded as Sridhar over a portion of the same in the basic year.
(2.) An objection Under Sec. 9A(2) of the Act was filed by Respondent No. 3 to 7 alleging that they were vendees from the Hussein Medic and the sale deed was executed in 1935 and after the date of vesting they became Chemiphar and may be entered as such in the revenue papers. The Petitioners on the other hand contested the case of the Respondents alleging that the sale deed of 1935 was never given effect to in the revenue papers and that the vendor Hussein Medic has no right to execute the sale deed with respect to Mohall Sharifunnisa in which the disputed plot was situated.
(3.) The Consolidation Officer decided the case in favor of the Petitioners by his order dated 24.04.73. The appeal of the contesting Respondents was dismissed by order dated 02.11.73 whereas the revision has been allowed by the impugned order dated 14.08.74 and the case has been remanded to Consolidation Officer for deciding the same afresh.;


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