ACHOHAIBAR Vs. DY DIRECTOR OF CONSOLIDATION JAUNPUR

JUDGEMENT

(1.) THE present petition under Art. 226 of the Constitution arises out of proceedings under the U. P. Coim solidation of Holdings Act.

(2.) THE dispute between the par ties relates to plots appertaining to khata No. 174 of village Bhatkhin. District Jaunpur. The disputed plots were re corded in the names of respondents Nos. 2 to 4 as their sirdari. The petitioner Achhaibar along with certain other per sons, who are not parties before this Court, filed an objection under Sec. 9 of the U. P. Consolidation of Holdings Act Their claim was that they along with Smt. Dhiraji were the tenants of the disputed plots and after the death of Smt. Dhiraii, they alone became the sole tenants. They tried to connect them selves with Smt. Dhiraii by a pedigree. They also set up an alternative case that Smt. Dhiraji. the recorded tenant, sur rendered the disputed plots in favour of Iqbal Ahmad, the Lambardar, under a registered surrender deed dated 10th June. 1949. The plots were, thereafter, settled with the petitioner under a lease deed dated 12th June, 1949, by Wasi Ahmad, one of the co-sharers in the khewat. and ever since the petitioner has been in possession as a tenant and became sirdar after the date of vesting.

(3.) THE Consolidation Officer rejected the claim of the petitioner that he and the other objectors were co- ten ants with Smt. Dhiraii and after her death, they became the sole tenants by survivorship. He. however, accepted the alternative case of the petitioner that he became a tenant by virtue of fresh settlement, vide lease deed dated 12th June. 1949. On appeal by respondents Nos. 2 to 4, the Assistant Settlement Officer (Consolidation1) confirmed the order of the Consolidation Officer. Res pondents Nos. 2 to 4, thereupon, went up in revision and the Deputy Director of Consolidation allowed the same by his order dated 19th June, 1971. He found that respondents Nos. 2 to 4 became tenants and. later on sirdars of the dis puted plots on the basis of the settle ment made by the _Mukhtar-e-am of the lambardar. The petitioner has now come to this Court under Art. 226 of the Con stitution to challenge the order of the Deputy Director of Consolidation dated 19th June, 1971.