JAGVIDIT Vs. DY DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) This writ petition is directed against the order dated 17.05.1975 passed by the Deputy Director of Consolidation, Varanasi in Revision No.1254 (Ram Roop & another Vs. Jagvidit & others) whereby the Revision has been allowed, the order dated 03.07.1974 passed by the Settlement Officer Consolidation has been set aside, the name of Jagvidit has been expunged from the Revenue Record and the names of Ram Roop and Ram Harak has been directed to continue therein.

(2.) The dispute in this writ petition relates to Plot No.320M area 0.30 acres in Khata No.158. In the basic year i.e. 1379F the names of Ram Roop and Ram Harak was recorded. Proceedings under Section 9A(2) of the U.P. Consolidation of Holdings Act started on the objection filed by Jagvidit. The Consolidation Officer framed the issue as to whether Jagvidit Singh and others are Sirdar on the basis of possession. He recorded that Jagvidit Singh has shown his possession over the land since before the date of vesting on the basis of entries recorded in Khasra of 1363F, 1365F, 1366 and 1372F. The Consolidation Officer found that in the Khasra of 1370F the names of Jagvidit and Ram Roop and Ram Harak is recorded. He held that in certain years the name of Jagvidit is not recorded but when Ram Roop and Ram Harak had failed to prove that they had taken back the possession from Jagvidit then they had not been able to establish that the land was given by them to Jagvidit only for cultivation on Sajha or Adhaiya.

(3.) Learned counsel for the parties explain that Sajha or Adhaiya means the giving of possession of the land by the tenure holder to another person for the purpose of cultivation on sharing the harvested crop half and half in a season.