JUDGEMENT
Krishna Murari, J. -
(1.) Heard Sri Vimlendra Rai, learned Counsel for the petitioners and Sri. M.N. Singh appearing for contesting respondent No. 7.
(2.) Dispute relates to plot No. 8 of khata No. 16, area. 44 acres. In the basic year khatauni it was recorded in the name of respondents No. 2 to 6. During consolidation operation, an objection under section 9-A(2) of U.P. Consolidation of Holdings Act (for short the 'Act') was filed by petitioners claming to be recorded as sirdars over plot in dispute. The case set up by them was that the name of respondents No. 2 to 6 came to be recorded on the basis of an ex-parte decree passed in a suit under section 229-B of U.P. Zamindari Abolition and Land Reforms Act which was subsequently recalled. Another objection was filed by respondent No. 7/Narottam claiming sirdari rights on the basis of adverse possession. The clam set up by petitioners as well as respondent No. 7 was contested by respondents No. 2 to 6. Consolidation Officer vide order dated 22.9.1975 allowed the objection filed by petitioners. The order of Consolidation Officer was challenged by respondents No. 2 to 6 as well as respondent No. 7 in appeal. Assistant Settlement Officer Consolidation vide order dated 27.8.1976 dismissed the appeals. Both the parties went up in revision. Deputy Director of Consolidation vide impugned order dated 8.10.1976 dismissed the revision filed by respondents No. 2 to 6 whereas revision filed by respondent No. 7 was allowed. Aggrieved, petitioners have approached this Court.
(3.) In so far as the claim of respondents No. 2 to 6 is concerned, they have not challenged the order of Deputy Director of Consolidation dismissing their revision as such the same has become final against them. In the present writ petition, dispute is confined between petitioners and respondent No. 7.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.