Manoj Misra, J. - (1.) Heard learned counsel for the petitioner; Sri C.S. Agnihotri for the contesting respondents 2/1 and 2/2; the learned Standing Counsel for the respondent no.1; and perused the record.
(2.) The dispute in the present petition relates to Plot No. 183, area 4 Bigha 14 Biswa, at village Nagnedhi, district Banda. In the basic year, this plot was recorded in the name of second respondent (Shivnath), who is now represented by his legal heirs - respondent nos. 2/1 and 2/2. Mohan, the predecessor-in-interest of the petitioner, who was recorded in Varg / Class 9 (i.e. occupiers of land without the consent of the person entered in column 4 of the khasra), filed objection, under Section 9 of the U.P. Consolidation of Holdings Act (in short the Act), by claiming that he has perfected his right by adverse possession therefore the entry of the name of Shivnath (the recorded tenure-holder) be expunged and he be declared Bhumidhar. On the other hand, Shivnath filed objection for expunging class 9 entry of Mohan from the records.
(3.) The Consolidation Officer, by his order dated 18.03.1982, directed expunction of the name of the recorded tenure-holder (Shivnath) and for recording of the name of Bhauwa son of Mohan because Mohan had died during the course of the proceeding. Against the order passed by the Consolidation Officer, appeal was preferred before the Settlement Officer of Consolidation which was dismissed by order dated 26.04.1984. Assailing the order passed by the Consolidation Officer and the Settlement Officer of Consolidation, the respondent no.2 filed revision before the Deputy Director of Consolidation. The said revision was allowed vide order dated 27.02.1985 upon finding that Mohan could not prove that he perfected his title by adverse possession. Accordingly, he set aside the orders of the two consolidation courts below and directed expunction of the name of Mohan from the record.;