SARNAM SINGH Vs. DEPUTY DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) This petition under Art. 226 of the Constitution is directed against the order dated 17-9-1971 passed by the Deputy Director of Consolidation, Jalaun, Camp at Farrukhabad in proceedings under Sec. 9-A (2) of the U.P. Consolidation of Holdings Act (hereinafter referred to as the Act.) Briefly stated the facts of the case are as follows.

(2.) The opposite parties nos. 2 to 4 namely Babu Ram, Munshi Lal and Kanauji Lal were co-tenants along-with petitioners Sarnam Singh and Brahmanand. The opposite party no. 8, Guljari Lal was also co-tenant along with the petitioners and opposite parties nos. 2 to 4 of plot nos. 251/1, 251/3. 254/1, 223, 80, 81, 217, 218, 220, 221, 224 and 225. All the aforesaid persons, who were co-tenants, were ordered to be ejected under Sec. 171 of the U.P. Tenancy Act in a suit filed by the then landlord by a decree dated 25th Aug., 1942 and they were dispossessed in execution of the said decree made on 2nd June, 1943.

(3.) After the ejectment, the then landlord had let out plot nos. 80, 81, 217, 218, and 220 to outsiders Hirdai Ram, Puttu Lal and Vidya Dhar, the opposite parties nos. 5 to 7 and their names were recorded as tenant thereof. These plots are recorded in their names in the basic year Khatauni on Khata no. 273.