Jagdish Sahai, J. - (1.) THIS special appeal is directed against the judgment of V. G. Oak, J. (as he then was) dated 20-4-1962, allowing writ petition no. 3584 of 1958.
(2.) THE plots in dispute in this case are situate in village Hansrajpur, district Allahabad, It is under consolidation operations. Before the village was notified for consolidation operations under section 4 of the U. P. Consolidation of Holdings Act (hereinafter referred to as the Act), a revenue suit had been filed in the court of the Assistant Collector 1st class by Smt. Hubraji, the respondent to this special appeal and the petitioner in the writ petition mentioned above. One of the allegations of Smt. Hubraji was that she was the Bhumidhar of the disputed plots. The learned Assistant Collector, therefore, remitted an issue to that effect to the Court of the Munsif (East), Allahabad for decision. The Munsil recorded his finding on that issue on 24-7-1957 holding that Smt. Hubraji was the Bhumidhar of the plots in dispute.
(3.) HOWEVER , before the revenue suit mentioned above could be decided by the Assistant Collector 1st class, the village came under consolidation operations and the hearing of that suit was staved under the provisions of Section 5 of the Act. Before the Consolidation Officer an objection was made by Smt, Hubraji under Section 12 (4) of the Act that she was the Bhumidhar of the plots in dispute. The Consolidation Officer, referred the matter to the learned Civil Judge who referred it to the Arbitrator. The Arbitrator gave his award, but against Smt. Hubraji and in favour of the appellant. Ram Shanker. Thereupon Smt. Hubraji filed an objection against the award of the Arbitrator before the learned Civil Judge, who upheld the award.;