SAEEDUDDIN Vs. DEPUTY DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) Heard Sri A.S. Chaudhary, learned counsel for petitioner and Pundit Pankaj Shukla holding brief of Sri Sampunanand Shukla, learned counsel for contesting respondents.

(2.) This writ petition arises out of consolidation proceedings pertaining to title in respect of plot No.1275, which is a grove. In the basic year when consolidation started in the area in question, it was recorded in the names of Munshi Raza and others, respondents No.2 to 5. Original petitioner Saeeduddin since deceased and survived by legal representatives filed objections under section 9-A(2) of U.P. Consolidation of Holdings Act claiming co-tenancy on the ground that the parties were descendants of a common ancestor and the property was joint. Consolidation Officer as well as Deputy Director of Consolidation rejected the claim of original petitioner mainly on the principle of res judicata, however S.O.C. had decided the matter in favour of the petitioner. The objections before C.O. (Judicial) Pratapgarh were registered as Case No.1765 and 1766 and were rejected on 04.03.1981. The number of the appeal filed against the said order was 477 and it was allowed by S.O.C. Pratapgarh on 30.09.1981. Revision filed against the same was numbered as Revision No.289/594, Munshi Raza Vs. Saeeduddin and others and was allowed on 27.11.1982.

(3.) The judgment which was held to operate as res judicata by the C.O. and D.D.C. was given in a suit under Section 229-B of U.P.Z.A. & L.R. Act Munshi Raza and others Vs. Smt. Mulima and others on 03.08.1968 by Judicial Officer/ Assistant Collector, First Class, Pratapgarh. The suit was decreed. In the said suit, Saeeduddin, original petitioner of this writ petition was defendant No.4. Copy of the said judgment is Annexure-2 to the writ petition. It is mentioned in the said judgment that suit was contested only by its defendant No.1, Mulima.