SHEO PUJAN Vs. DEPUTY DIRECTOR OF CONSOLIDATION GORAKHPUR

JUDGEMENT

(1.) AN objection filed by the opposite party second set in the proceedings under section 9 of the U. P. Consolidation of Holdings Act wherein they had challenged the basic year entry in respect of the holding in dispute standing in favour of the present petitioner was dismissed by the Consolidation Officer on 16-11-84 which order was challenged in appeal. The objector opposite party second set had challenged the basic year entry Indicated above claiming co-tenancy rights therein. The petitioner had objected to their claim and in support of his case about the sole tenancy in respect of the holding in dispute sought to rely upon an admission of the objectors in the proceedings before the Assistant Record Officer Gorakhpur giving rise to Misc. case no. 181/1940 decided on 9-1-73 wherein the objectors were alleged to have admitted the petitioner to be the sole tenant of the holding in question on the basis of a private partition which was duly given effect to in the revenue records. It appears that the objectors denied to have made any admission as claimed by the petitioner. In these circumstances, it appears, during the pendency of the aforesaid appeal an application was filed by the petitioner on 3-4-91 praying that the record of Misc. case no 181/40 (correction of land record) Sheo Pujan v. Ganpat decided on 9-1-73 be summoned from the reveaue record room and if found necessary the opinion of any expert be also obtained to find oat the truth. This application was objected by the opposite party second set and was rejected by the Settlement Officer Consolidation, Gorakhpur, the appellate authority vide the order dated 23-9-91 on the ground of delay. The petitioner challenged the said order by filing a revision under section 48 of the U P. Consolidation of Holdings Act which was disposed of by the respondent no. 1 vide the order dated 19-2-92 and observing that the disputed admission was in the nature of an evidence and its effect on merits could be considered by the appellate authority at the time of the disposal of the appeal the case was remanded to the appellate authority with the direction that the appeal be heard after affording full opportunity to the parties and in case the parties filed on record additional evidence that may also be accepted and further that the appeal be disposed of within three months, on merits. The respondent no, 1 while passing the aforesaid order, however, made it clear that in the proceedings contemplated under the provisions of the U. P. Consolidation of Holdings Act there could be no justification for entertaining expert evidence, The result of the aforesaid observation was that even though the Settlement Officer Consolidation could not refuse to entertain additional evidence on the ground of delay yet the said authority could not permit bringing on record the expert evidence to establish the correctness or otherwise of the allegations made by the petitioner regarding the admissions of the opposite party second set which according to him conclusively established his case.

(2.) ON 31-7-1992, when the case was heard, Sri P. K. Misra, learned counsel representing the contesting opposite party second set stated that no counter affidavit was proposed to be filed on their behalf.

(3.) LEARNED counsel for the respondent on the other hand has urged that the appellate authority had refused to admit additional evidence on record on the ground that the prayer had been made at a very belated stage and the whole attempt appeared to be a malafide one with an intention to delay the disposal of the appeal. It has been asserted that in the circumstances of the case, therefore, no ground at all had been made out for permitting the petitioner to lead additional evidence and no interference is called for in the impugned order.