DAMODAR SINGH Vs. D D C & OTHERS

JUDGEMENT

(1.) Heard Sri V. Singh, for the petitioner and Sri Vijay Singh, for the respondents.

(2.) The writ petition has been filed for quashing the order Deputy Director of Consolidation (respondent-1) dated 09.09.1974, passed in Revision No. 2424 of 1973, Ram Karan Singh and others Vs. Damodar Singh and others, in title proceeding, under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).

(3.) The dispute relates to plot Nos. 677 (area 1-0-15 bigha), 930 (area 0-6-0 bigha) and 931 (area 0-12-0 bigha) of village Gurva, pargana Chanda, district Sultanpur. In basic consolidation year, plot Nos. 677 and 930 were recorded in the names of Smt. Maqtoola widow of Ram Pal and Ram Karan son of Ram Pal (respondents-2 and 3) as bhumidhar while plot No. 931 was 'matruk'. Dharma Raj Singh, Shyam Raj Singh and Brij Bhushan Singh (the petitioners) filed an objection (registered as Case No. 910) under Section 9-A of the Act, claiming bhumidhari right over the land in dispute, stating therein that Talukdar Singh was zamindar of the land in dispute, who granted a patta dated 24.07.1949 of the land in dispute in favour of Chandi Bux Singh and handed over possession to him. The patta was duly attested by Supervisor Kanoongo. However due to mistake of patwari, the name of Chandi Bux Singh was recorded only on plot No. 1928 and could not be recorded over plots 677, 930 and 931. Chandi Bux Singh and thereafter the petitioners were continuously in possession over the land in dispute. Respondents-2 and 3 contested the objection, on the ground that land in dispute were joint sir of Talukdar Singh and Ram Pal Singh. Talukdar Singh, alone had no right to grant patta of the land in dispute. The patta was invalid and on its basis neither name of Chandi Bux Singh was mutated nor he was given possession over the land in dispute. After date of vesting land in dispute was recorded in the name of Talukdar Singh as bhumidhar and after his death names of respondents-2 and 3 were recorded.