PRASHANT SINGH Vs. MEENA

JUDGEMENT

(1.) Application (IA No.115495/2021) for bringing on record the legal representatives of deceased appellant no.2 is allowed after condoning the delay, if any. Cause title be amended accordingly.

(2.) In these civil appeals the controversy revolves around the ownership rights over Khasra Nos.115, 151 and 152, situated within the Revenue Estate of village Mustafabad, District Haridwar, Uttaranchal (now Uttarakhand). It is broadly not in dispute that the subject land is an ancestral property originally owned by Angat, who died leaving behind three sons, namely, Ramji Lal, Khushi Ram and Pyara. Pyara died issue-less and his share devolved equally upon his other two brothers. Khushi Ram also seems to have died before 1950 leaving behind his son Kalyan Singh, who succeeded his father's share in the subject property. The fact that Kalyan Singh was co-owner/co-sharer in the subject land is fortified from the entries in the revenue record, which the appellants have produced in these proceedings as well.

(3.) It seems that consolidation proceedings were initiated in village Mustafabad in late 50s or early 60s in accordance with the provisions of the U.P. Consolidation of Holdings Act, 1953 (in short, the "1953 Act"). Ramji Lal - one of the uncles of Kalyan Singh - approached the Consolidation Officer in the pending reference pertaining to their land under the erstwhile Sec. 9(3) of the 1953 Act (i.e., as it stood before the U.P. (Amendment) Act 8 of 1963), claiming that whereabouts of Kalyan Singh were unknown and hence his name may be expunged from the ownership entry of the revenue record. The Consolidation Officer passed an order dtd. 8/5/1960 on the basis of a report dtd. 17/3/1960 of the Assistant Consolidation Officer, which inter alia claimed that Kalyan Singh - co-tenure holder had not been heard for last 8 of 10 years, he did not arrive in the village and an affidavit to this effect was filed by his uncle Ramji Lal. Since all efforts to secure service on Kalyan Singh failed, the Consolidation Officer, "in the interest of correction of record", expunged the name of Kalyan Singh from the record and declared his civil death. On this premise, Ramji Lal (later on his legal representatives) started claiming to be the sole owner(s) of the entire land holding of Angat.