SARNAM SINGH Vs. DEPUTY DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) Samarn Singh and Brahmanand who are the appellants before us were let out certain land by the Zamindar who subsequently evicted them from that land in 1943 in proceedings under Section 171 of the U. P. Tenancy Act. Later, when the U. R Tenancy Act was amended by the U. P. Act 10 of 1947and Section 27 was inserted in that Act, the appellants made an application for reinstatement over that land.

(2.) While the proceedings under Section 27 were pending, the U. P. Zamindari Abolition and Land Reforms Act, 1950 was enforced with effect from 1/7/1952. In the meantime, proceedings under the U. P. Consolidation of Holdings Act, 1953 started in pursuance of a notification issued under Section 4 of the Act. The proceedings under Section 27 of the U. P. Tenancy Act were, on the date of notification, pending and had not been disposed of. In those proceedings under the U. P. Consolidation of Holdings Act, Respondents 2 to 7 filed objections under Section 9-A (2 of the Act claiming sirdari rights over the plots in question. The Consolidation Officer by his order dated 30/8/1970 dismissed the objections with the findings that the appellants were in possession over the land in question in 1356 and 1359 Fasli and, therefore, they had become Sirdars of that land under Section 19 of the U. P. Zamindari Abolition and Land Reforms Act. This order was upheld by the Settlement Officer, Consolidation, but set aside in revision by the Deputy Director of Consolidation. The appellants, thereafter, filed a writ petition in the High court which has been dismissed by the impugned judgment with the finding that the benefit of Section 27 of the U. P. Tenancy Act will not be available to the writ petitioners as they had not made any application under that section for their reinstatement over that land.

(3.) Learned counsel for the appellants has contended that the High court has committed an error of fact in recording the findings. He has drawn our attention to the copy of the writ petition filed in the High court. Paras 1 to 8 of the writ petition, which are relevant, are reproduced below: