BADAL Vs. DEPUTY DIRECTOR OF CONSOLIDATION AND OTHERS

JUDGEMENT

(1.) IN Writ Petition No. 81 of 1967 the dispute between the parties relate to Khata No. 55 of village Lakhaura, Pargana and tahsil Haidargarh, district Barabanki.

(2.) This Khata was recorded in the name of Respondent No. 4 Asharfi. The Petitioner Badal preferred an objection Under Section 9(2) of the UP Consolidation of Holdings Act (hereinafter referred to as the Act) claiming sirdari rights on the basis of adverse possession, over the land comprising Khata No. 55 and prayed for the entry of his name in the villager records and the expungement of the name of Asharfi. The Consolidation, Officer dismissed this objection on 3 -9 -1965 and the Badal's appeal to the Settlement Officer (Consolidation) was dismissed on 4 -1 -1966. The revision application filed by Badal was also dismissed on 16 -9 -1966. The question raised in the writ petition is that inasmuch as Asharfi did not file any suit against Badal Under Section 209 of the UP Zamindari Abolition and Land Reforms Act (hereinafter referred to as the UP, ZA and LR Act) and the latter was in possession over the land comprising the Khata Badal had acquired sirdari rights in the land in dispute. The case set up by Asharfi, is that a suit Under Section 209 of the UP ZA and LR Act could not be filed because of the provisions of Section 49 of the Act.

(3.) THE plots mentioned above were recorded in the name of the Respondent No. 4 Sohbat Ali. The Petitioners Rahmat Ali and Musibat Ali filed an objection for the expungement of the name of Sohbat Ali in respect of the half share in the aforesaid plots and the entry of the names of Rahmat Ali and Musibat Ali over that half. Rahmat Ali and Musibat Ali prayed' in the alternative for the entry of their names as sirdar on the basis of adverse possession. It seems there was an appeal and thereafter a Second Appeal and the Dy. Director Consolidation in second appeal held that Rahmat Ali and Musibat Ali were entitled only to be recorded as trespassers over the plots in dispute from the year 1366 Fasli. The village was thereafter denotified.