TAMESHWAR Vs. THE DEPUTY DIRECTOR OF CONSOLIDATION AND OTHERS
LAWS(ALL)-1979-4-84
HIGH COURT OF ALLAHABAD
Decided on April 06,1979

Tameshwar Appellant
VERSUS
The Deputy Director Of Consolidation And Others Respondents

JUDGEMENT

K.P.Singh, J. - (1.) This writ petition is directed against the judgment of the Deputy Director of Consolidation, Rae Bareili camp at Gorakhpur dated 23-9-1971, whereby the revision petition filed by the petitioner was dismissed.
(2.) The learned counsel for the petitioner contends before me that the disputed land was given to the contesting opposite parties in lieu of money, hence his possession is in the nature of permissive possession and the consolidation authorities have patently erred in recognising the claim of the contesting opposite parties as a tenure-holder.
(3.) The learned counsel for the contesting opposite parties has tried to refute the contentions raised on behalf of the petitioner. According to him the contesting opposite parties were recorded in the basic year as tenure-holder and the petitioner had come before the consolidation authorities with the allegations that the possession of the contesting opposite parties was in lieu of money and when the petitioner failed to establish his claim he cannot make any legitimate grievance against the decision of the consolidation authorities. According to him, the appellate authority repelled the claim of the petitioner also on the ground that the money advanced by the petitioner stood repaid before the enforcement of the U. P. Zamindari Abolition and Land Reforms Act, hence the claim of the contesting opposite parties was rightly accepted by the appellate authority.;


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