FERAM SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Petitioners and respondents are real brothers and are claiming their respective shares from a sale-deed dtd. 2/2/1960 in regard to land in dispute situated in village- Nagla Dariyay, Mauja Salempur, Paragana Safai, District- Etawah.

(2.) The parties were in a cultivatory possession of their respective land. It was the case of petitioners that respondents were in possession of land in excess of their respective shares and in these circumstances, petitioners have filed an objection under Sec. 9 of U.P. Consolidation of Holdings Act, 1953 i.e. after about 33 years of sale-deed. The relevant part of application is mentioned hereinafter :-

(3.) The Consolidation Officer has considered the above referred objections and vide order dtd. 27/8/1994 rejected the objections mainly on the ground that petitioners were failed to explain the extra-ordinary delay of more than 30 years by any reasonable ground.