MAZHAR HASSAN Vs. GANGU SINGH

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against the judgment and order dated July 20, 2005 passed by the Allahabad High Court in Civil Misc. Writ Petition No. 3620 of 1979 connected with Writ Petition No. 4216 of 1979). By the impugned order the High Court set aside the orders passed by the Deputy Director of Consolidation and the Consolidation Officer and restored the order of the Settlement Officer, Consolidation. The order of the Settlement Officer, Consolidation, dated September 12, 1978, had, in turn, set aside the order of the Consolidation Officer and had directed for entering the names of the respondents in the revenue records in respect of the disputed pieces of land. The dispute relates to plot Nos. 960/1, 971/1, 973/1, 982/2, 988/1, 989, 1008/2, 1010/1, 1010/2, 1011 and 1013 situate in village Dhampur District Bijnor in the State of Uttar Pradesh.

(3.) The material facts read and may be stated thus. One Hetram was the original tenure holder of the disputed plots. His heirs Smt. Ram Murti Devi and her four sisters were able to obtain a decree of eviction against the respondents in a suit (being Suit No. 161) filed by them under Section 209 of the U. P. Z. A. and L. R. Act. The decree insofar as the disputed plots are concerned, was affirmed up to the High Court in Second Appeal and a cross appeal filed by the parties. The decree holders filed an execution application on May 21, 1965, which was registered as execution case No. 21/69. The application was, however, dismissed by order, dated July 26, 1969 because the decree was put to execution beyond the period of limitation. After the rejection of their execution application, Smt. Ram Murti Devi and others executed a sale deed, dated April 13, 1970 of a number of plots including the disputed plots in favour of one Ali Hasan (the deceased father of the present appellant). On the basis of the sale deed, Ali Hasan was able to get his name mutated in the revenue records by an order passed ex-parte. Later on, there were disputes between Ali Hasan and the respondents in regard to possession over the disputed plots and the dispute gave rise to proceedings under Section 145 and 146, Cr. P. C. Those proceedings were concluded by order, dated September 11, 1972 by which the disputed plots were released in favour of the respondents.