HINCHA RAM Vs. DY. DIRECTOR OF CONSOLIDATION & 5 OTHERS
LAWS(ALL)-2018-1-268
HIGH COURT OF ALLAHABAD
Decided on January 12,2018

Hincha Ram Appellant
VERSUS
Dy. Director Of Consolidation And 5 Others Respondents

JUDGEMENT

SUNITA AGARWAL,J. - (1.) Supplementary affidavit filed today is taken on record. Heard Shri Anand Sagar Dubey, learned counsel for the petitioner and Shri Krishna Kumar Chaurasia, learned counsel for respondent No. 4. With the consent of learned counsel for the parties, the matter has been heard for final disposal at the admission stage itself.
(2.) By means of the present petition, the petitioner is challenging the orders dated 18.8.1987, 15.2.2013 and 28.8.2017 passed by the Consolidation Officer, Settlement Officer Consolidation and Deputy Director of Consolidation; respectively. It appears that in a suit filed by Shri Jai Shri Singh under Section 229-B read with Section 209 of U.P. Zamindari Abolition and Land Reforms Act, 1950 (in short 'the Act, 1950'), certain observations were made with regard to the rights of the petitioner's father Chhatradhari. It was held therein that the possession of Chhatradhari over Plot Nos. 410/2, 453, 445, 590/2, 596, 804, 807 and 808 was for more than six years though Shri Jai Shri Singh was the original tenureholder. In view of the possession of Chhatradhari found established over the land in dispute, no declaration can be made in favour of the plaintiff and further that the defendant could not be ejected.
(3.) This order was affirmed in appeal vide judgment and order dated 28.12.1968. The second appeal filed by Jai Shri Singh was dismissed on 30.5.1974 as abated under Order 22, Rule 3 C.P.C.;


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