PREETAM SINGH DEAD Vs. ASSTT DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) This appeal is by certificate granted by the Allahabad High Court. A Division Bench of the High Court vide order dated 2-1-1978 dismissed the writ petition of the appellants. The question of law arising therein related to the finality of an order of remand containing findings, recorded by an intermediate Court during consolidation proceedings. The principles of Section 11 of the Code of Civil Procedure and those contained in Section 105 thereof were found attracted in the case.

(2.) Regreatfully we do not have the assistance of the respondents, who even though served have not put in appearance. They are therefore proceeded against ex parte.

(3.) On May 17, 1969, a Notification under Section 4 of the U.P. Consolidation of Holdings Act was published in the U.P. Gazette for bringing about consolidation of holdings in the village where the land in dispute is situate. In the year in which the village came under consolidation (known as the basic year), the appellants were recorded as Bhoomidars over a holding measuring 38.25 acres and also being in its possession. The Gaon Sabha of the village filed an objection under the provision of the Act before the Consolidation Officer alleging that the appellants were wrongly recorded in Bhoomidars over the disputed land and prayed that entries be corrected in favour of the Gaon Sabha. The appellants contested the objection before the Conslidation Officer. Their case was that the land in dispute was under the tenancy of some people when the U.P. Zamindari Abolition Act was in force. The same did not vest in the Gaon Sabha as unoccupied land. The Ashudhi Tehsildar during the correction of the records operation found Gurbux Singh and Harbhajan Singh in possession of the land in dispute and ordered them to be recorded as Seerdars by order dated 25-7-1957. On the basis of such corrected records Gurbux Singh and Harbhajan Singh obtained Bhoomidari rights under the provisions of the U.P. Zamindari Abolition Act, 1952. On 1-6-1959, those Bhoomidars sold the land to the appellants and thereafter the names of the appellants as Bhoomidars were recorded in the revenue records, continuously till consolidation operations commenced.