K.P.Singh, J. - (1.) This writ petition is directed against the judgment of the Deputy Director of Consolidation, Mir-zapur camp at Ghazipur dated 24-10-1972 whereby the petitioner's claim was negatived on the ground that Deoki, ancestor of the present petitioners, did not take steps to recover possession over the disputed land within the prescribed time hence his right had become extinguished, and the revision petitions filed by the present petitioners were dismissed. Aggrieved by the judgment of the revisional court the petitioners have come to this court under Art. 226 of the Constitution.
(2.) Learned counsel for the petitioners has contended before me that the Deputy Director of Consolidation has patently erred in negativing the claim of the petitioners on the ground of limitation. According to him the petitioners had filed a suit for injunction and possession against the contesting opposite parties on 18-10-1956 hence their claim was well within time and the Deputy Director of Consolidation has committed an error apparent on the face of the record.
(3.) Learned counsel for the contesting opposite parties has replied that the claim of the present petitioners was rightly negatived by the Deputy Director of Consolidation as the suit was filed on 18-10-1956 in Civil Court with a prayer for injunction and possession, but the petitioners were not in possession over the disputed land and the relief of possession could not be granted by the Civil Court at that time when the suit was brought against the contesting opposite parties. He has emphasised that by adding the relief of injunction the petitioner could not confer jurisdiction on the civil court. No suit for ejectment of the contesting opposite party Dwarka was brought by the petitioners or their ancestors within time under Sec, 209 of the U. P. Zamindari Abolition and Land Reforms Act hence the right of the petitioners or their ancestor Deoki was rightly negatived by the Deputy Director of Consolidation. He has also emphasised that Deoki was recorded as sub-tenant in the year 1356 fasli hence he was not recorded occupant within the meaning of the provisions of Section 20 (b) of the U. P. Zamindari Abolition and Land Reforms Act, hence no valid right or title accrued to the petitioners or their ancestor Deoki under the provisions of the U. P. Zamindari Abolition and Land Reforms Act, and on that score also the petitioners writ petition deserves to be dismissed.;