R.S. Pathak, J. - (1.) Kundan was the sir -holder of the land in dispute. He died some years before the abolition of zamindari and upon his death his interest passed to his widow, Parmeshwari. Upon the enforcement of the UPZA and LR Act, Parmeshwari acquired the status of a bhurnidhar. She died in 1958 and then followed conflicting claims to the property. In proceedings under Sec. 9 of the UP Consolidation of Holdings Act, Malkhan Singh asserted that he was Kundan's father's father's son's son's son and was therefore entitled to the land. He also claimed title by adverse possession. Another claimant, Kewal, asserted that he was entitled to the land being the brother's son of Parmeshwari. The Consolidation Officer accepted the claim made by Kewal on the view that Parmeshwari enjoyed an absolute estate in the holding by virtue of Sec. 14 of the Hindu Succession Act and that Kewal was her heir. The application filed by Malkhan Singh was dismissed. Malkhan Singh filed an appeal but the Settlement Officer (Consolidation) endorsed the view taken by the Consolidation Officer. Upon second appeal, the Dy. Director remanded the case to the Settlement Officer. The Settlement Officer by his order of 8 -8 -1961 dismissed the appeal again. The case was then carried in second appeal to the Dy. Director. On 28 -3 -1962 the Deputy Director rejected the claim of Kewal as well as of Malkhan Singh and held that the land should be entered in the name of the Gram Samaj. He directed that Malkhan Singh should be recorded as a trespasser for a period of one year. Kewal and Malkhan Singh applied in revision but the revision applications were dismissed by the Joint Director of Consolidation by his order dated 19 -12 -1962.
(2.) Malkhan Singh has Sled the instant petition for certiorari and Kewal has filed the connected Writ Petition No. 1090 of 1963.
(3.) The case on behalf of Malkhan Singh is that he is entitled to the hold -ins; as the nearest surviving heir of the last male intermediary, Kundan, because, according to him, Sec. 172(2)(a)(i) of the UPZA and LR Act is attracted.;