K.P.Singh, J. - (1.) This writ petition is directed against the judgment of the Deputy Director of Consolidation, Jaunpur dated 11-1-1973 in Revision No. 546/ 1744 under Sec. 48 of U. P. C. H. Act between Daya Shankar v. Shobh Nath , whereby the revision petition was dismissed.
(2.) It is admitted before me that the disputed land belonged to Ram Baran, who had mortgaged the disputed land to one Gajadhar. The contesting opposite party Shobh Nath had come into possession over the disputed land after paying money to the mortgagee. The petitioners being sons of aforesaid Ram Baran had claimed right in the disputed land whereas the contesting opposite parties Shobh Nath and another had denied the claim of the petitioners on the ground that the petitioners were not legitimate sons of Ram Baran, hence they were not entitled to the disputed land, and that the contesting opposite parties had also asserted that even if the petitioners had right in the disputed land, their right became extinguished due to adverse possession of the contesting opposite parties for more than statutory period.
(3.) It is also not disputed before me that in the basic year the contesting opposite parties were recorded over the disputed land and the petitioners had filed objection under Sec. 9 of U. P. Consolidation of Holdings Act with the allegations that the petitioners were sons of the original mortgagor Ram Baran and that the petitioners had filed a civil suit against the contesting opposite parties for their ejectment in the year 1958 and had obtained a decree for possession against the contesting opposite parties, but later on the aforesaid decree was held without jurisdiction and the possession taken by the petitioners in pursuance of the above mentioned decree was again taken back by the contesting opposite parties. Thereafter in the year 1966 the petitioners had filed a suit under Sec. 229-B of U. P. Z. A. and L. R. Act but the same was ultimately abated due to start of the consolidation in the village. The petitioners have lost their claim as is evident from the impugned judgments of all the consolidation authorities.;