SHAMBHU CHAUHAN Vs. RAM KIRPAL ALIAS CHIRKUT

JUDGEMENT

(1.) The present appeal has been preferred against the judgment and order dtd. 25/11/2011 passed by the High Court of Judicature at Allahabad in Civil Misc. W.P. No. 13286 of 1981, whereby the judgment and order dtd. 28/8/1976 passed by the Settlement Officer, Consolidation at Deoria, and order dtd. 1/10/1981 passed by the Deputy Director of Consolidation at Deoria were set aside. The Settlement Officer, Deoria Sadar, in turn, had set aside the findings returned by the Consolidation Officer against the Appellant at Deoria in Suit Nos.6273 and 6264 by order dtd. 18/10/1975.

(2.) The facts giving rise to the present appeal are that Khata Nos.38 and 193 (referred to as "disputed land") are situated in village Muda Dih, Tappa Deoria, Pargana Salempur Majhauli, district Deoria. Sehati and Bandhoo sons of Neoor were brothers. Bandhoo had one son namely Agloo, who was married to Aftee. Aftee died in the year 1959. After the death of Aftee, the disputed land came to be recorded in the name of Sehati in pursuance of a mutation order dtd. 15/12/1959. The disputed land continued to be recorded in the names of Jhagru and Bhusal sons of Sehati and Ram Kirpal alias Chirkut (Respondent Herein) as Bhumidhar and Sirdar. In the year 1973, vide notification dtd. 12/7/1973, the disputed land was notified for consolidation operations. Smt. Gulabi filed objections under sec. 9 of the U.P. Consolidation of Holding Act, 1953(Hereinafter referred as the "Act") before the Consolidation Officer, claiming herself to be the daughter of Aftee and co-tenancy over the disputed land.

(3.) The sole issue that arises for consideration is, as to whether the High Court, in terms of the impugned judgment, rightly upheld the order dtd. 18/10/1975 passed by the Consolidation Officer under the provisions of the Consolidation of Holdings Act, 1953, which initially stood quashed by the Assistant Settlement Officer, Consolidation vide order dtd. 28/8/1976, as affirmed by the Deputy Director of Consolidation vide order dtd. 1/10/1981.