BAL BHADRA Vs. D D C AND OTHERS

JUDGEMENT

(1.) Heard Sri V.K. Ojha, holding brief of Sri R. Asthana, for the petitioner and S.C. and Sri P.K. Singh, for the respondents.

(2.) The writ petition has been filed for quashing the orders of Consolidation Officer dated 26.06.1971 passed in Case No. 2953, Assistant Settlement Officer Consolidation (respondent-2) dated 09.09.1974, passed in Appeal Nos. 2811/2756, 2377/2758 and 2378/2757 and Deputy Director of Consolidation (respondent-1) dated 22.08.1976, passed in Revisison Nos. 43/426/31, 18/505/21 and 19/526/22, in title proceedings, under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).

(3.) The dispute relates to plot No. 1033/1, 1700 and 1701 of village Tela, pargana Kewai, district Allahabad. In basic consolidation year, plot 1033/1 was recorded in the names of Smt. Govindi widow of Ram Saran and Mata Dihal (respondent-7) as bhumidhar and plot 1700 and 1701 were recorded in the names of Ram Khelawan and Lalai (respondents-3 and 4) as sirdar. Bal Bhadra (the petitioner) was recorded in column IX of the khatauni over these plots. The petitioner filed an objection (registered as Case No. 2953) under Section 9-A of the Act, claiming sirdari right over the aforesaid plots. Respondents-3 to 7 contested the objection, on the ground that land in dispute were mortgaged to Baldeo, brother of the petitioner, before date of vesting, who died issueless and the petitioner entered in possession of it. As such the petitioner is an asami and not sirdar. The case was tried by the Consolidation Officer, Baraut, Allahabad. Apart from documentary evidence produced by the parties, the petitioner examined Bal Bhadra and Mata Jag, respondents-3 to 6 examined Jhokhai and Uday Bhan and respondent-7 examined Mata Dihal, himself as witnesses. The Consolidation Officer, by his order dated 26.06.1971 held that the petitioner is sirdar of plot Nos. 1033/1 and 1700 and asami of plot No. 1701. On these findings the name of the petitioner was directed to be recorded as sirdar on plots 1033/1 and 1700 and his name was directed to be deleted from plot 1701.