JAGDEV Vs. HARIHAR NATH

JUDGEMENT

(1.) This is second round of litigation during consolidation proceedings. In first round matter reached upto the Deputy Director of Consolidation and it was remitted back to Settlement Officer of Consolidation to decide afresh.

(2.) On remand, an appeal filed by the petitioner was allowed vide order dtd. 7/9/1974, whereby possession of petitioner/ appellant was found continuous from 1954, on basis of a mortgage deed and it was held that since no proceedings were undertaken for eviction, therefore, he was settled with the right of Bhumidhari, whereas respondents were found neither in possession nor otherwise held to be entitled for right on land in dispute. Relevant part of order is mentioned hereinafter:

(3.) A revision was filed at instance of the respondents, which was allowed in part, vide order dtd. 23/8/1976, whereby order of Appellate Authority was modified to the extent that respondents were held Bhumidhar and petitioner was held to be Asami in view of Sec. 21(d) of Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as "Act, 1950"). Relevant part of order is reproduced hereinafter: