BHARAT SINGH D Vs. DEPUTY DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) Heard Sri B.D. Mandhyan learned senior counsel assisted by Sri Satish Mandhyan appearing for the petitioner and Sri S. K. Mehrotra appearing for the respondents.

(2.) By means of the present writ petition filed under Article 226 of the Constitution of India, the petitioner has prayed for quashing of the order dated 31.10.1976, 5.6.1978 and 16.9.1980 passed by Consolidation Officer, Settlement Officer of Consolidation and Deputy Director of Consolidation respectively.

(3.) The dispute relates to khata No. 44 situate in village Sherpur Khanajad Pur, District Saharanpur. In the basic year, the said khata was recorded in the name of respondent No. 4 Smt. Kalawati. During partal, possession of one Phullu Singh son of Sri Atma Ram was recorded over the said khata. The petitioner filed objection under Section 9-A (2) of the Consolidation of Holdings Act (hereinafter referred to as the Act) on the ground that Atma Ram had entered into an agreement to sell the land in his favour and the suit for specific performance filed by him was decreed by the civil court and a registered sale deed was executed by the Court on 6.6.1975. Two more objections were filed by one Smt. Shakuntala Devi on the ground that she is purchaser of 1/3 share of the khata in dispute from respondent No. 4 Smt. Kalawati and another by one Smt. Kanta Devi on the ground that she had perfected her rights by adverse possession.