VIRENDRA NATH Vs. MOHAMMAD JAMIL

JUDGEMENT

(1.) This appeal has been preferred against the judgment dated 7-8-1997 of the High Court of Allahabad whereby revisional order dated 10-2-1975 passed by the Deputy Director of Consolidation, Allahabad, has been set aside and the order dated 26-3-1974 passed by the Assistant Settlement Officer of Consolidation has been restored.

(2.) Relevant facts leading to filing of this appeal are as under :- In relation to the lands in question, an objection was filed by Jan Mohammad (represented now by the respondents) in the Court of Consolidation Officer under provision of Section 9A of Uttar Pradesh Consolidation of Holdings Act, 1953 (for short the Consolidation Act, 1953) for declaring and recording him on the land as Sirdar in accordance with Section 210 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (for short the Abolition Act). The claim of Jan Mohammad was on the basis of his alleged adverse possession on the land for long period of 40 years. The Consolidation Officer accepted case of Jan Mohammad and recorded him as Sirdar on the land.

(3.) The recorded owners of the lands preferred an appeal under Section 11 of the Consolidation Act to Assistant Settlement Officer of Consolidation. In the appeal, it was pointed out that in the basic years of Fasali 1359 and 1361 in the revenue papers i.e. Khasras name of Jan Mohammad was recorded in respect of the lands as a mortgagee (Murtheen). The case of the petitioners before Appellate Authority was that Jan Mohammad came in possession of the property as a mortgagee and could not acquire any title by adverse possession. The appellate authority took the view that the mortgage of the land was for a loan of more than Rs.100/- and the mortgage deed required compulsory registration. The appellate Court came to the conclusion that as the alleged mortgage is not evidenced by any registered document, the oral evidence of mortgage cannot be relied. The Appellate Authority, therefore, dismissed the appeal and maintained the order of the Consolidation Officer directing recording of name of Jan Mohammad as having acquired ownership to the land by adverse possession.