JUDGEMENT
V.G. Oak, J. -
(1.) THESE two connected petitions Under Article 226 of the Constitution arise out of consolidation proceedings. One Kalloo was a tenant of certain plots. Smt. Mithani was his widow. She remarried Barjor. She died in January, 1955. Kalloo's brother's son, Gulab filed in February 1955 a suit against Barjor to recover possession over the land. The suit was decreed by a Munsif. Barjor's appeal was dismissed by a Civil Judge. Barjor has filed a second appeal in this Court. That second appeal is still pending.
(2.) DURING the pendency of the second appeal Gulab sold his interest in the land to Ram Shanker on 29 -5 -1962. Gulab and Barjor filed a compromise before this Court in the second appeal. Consolidation proceedings started in the village. Consequently, the hearing of the second appeal was stayed in this Court. The dispute between Ram Shanker and Barjor was taken up by the Consolidation Officer. He decided that Barjor had acquired sirdari rights. On this footing, Barjor's claim was accepted by the Consolidation Officer. Ram Shanker went up in appeal. The appeal was allowed by the Settlement Officer (Consolidation). He held that Barjor had not acquired title by adverse possession. On the other hand, Ram Shanker was the holder of the property as transferee from Gulab. Barjor went up in revision from the decision of the Settlement Officer (Consolidation). The revision was partly allowed by the Deputy Director of Consolidation. On the one hand, it was held that Barjor had not acquired title by adverse possession. On the other hand, it was held that the sale in favour of Ram Shankar was invalid. In this way, the claims of both Barjor and Ram Shanker were rejected by the Deputy Director of Consolidation. He decided that the holding should be recorded in Gulab's name.
(3.) RAM Shanker and Barjor are both dissatisfied with this order, dated 19 -3 -1966 passed by the Deputy Director of Consolidation. Barjor has filed C.M. Writ No. 2377 of 1966. Ram Shanker has filed C.M. Writ No. 2560 of 1966.;
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