BABAU RAM Vs. DEPUTY DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) This writ petition involves a title dispute, arising out of objections filed under Sec. 9-A(2) of U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as "Act, 1953").

(2.) On the basis of record available it is not much disputed that in basic year names of original petitioners herein were recorded having equal share on land in dispute. Original contesting-respondents have filed three sets of objections claiming their right, details thereof are as follows :

(3.) The Consolidation Officer rejected all sets of objections filed by respondents and maintained basic year entry as correct, vide order dtd. 7/6/1964. It was held that land in dispute was fixed rent tenancy of respondents before Act, 1950. There was no partition of holdings, therefore, Mst. Ramdei, original Respondent-7, could not get any benefit of her disability, i.e., being a widow. It was further held that period of limitation for redemption of mortgage expired after 30 years and since no suit for redemption of mortgage was filed within time by mortgagor, thus right of mortgagor extinguished. Names of petitioners were rightly recorded as Bhumidhar, so far as share of original Respondent-2 was concerned.