BHARA MAL AND ANR. Vs. RAM CHANDER

JUDGEMENT

(1.) This is a revision under Sec. 115, C.P.C. by Bhara Mal and his brother Baljit, against the order dated 21.3.1962 of the Addl. District Judge of Saharanpur allowing the appeal of Ram Chander with costs and thereby setting aside the order dated 19.9.1959 of the Additional Civil Judge. It was further ordered that the award of the Arbitrator shall be made the rule of the court i.e. the reference made by the consolidation authorities shall be decided in accordance with the award of the Arbitrator.

(2.) During the consolidation operations Ram Chander claimed to be bhumidhar of the plots in dispute while Bhara Mal and Baljit adhivasis and later sirdars on the basis of their being recorded as occupants in the village papers of 1356F. As a question of title was involved, the consolidation authorities made a made a reference to the Civil Judge under Sec. 12(4) of the U.P. Consolidation of Holdings Act for determination of the question in accordance with the law. The Civil Judge referred the matter to the Arbitrator who made an award holding that Bhara Mal and Baljit had lost their rights having not taken any steps to recover possession and that Ram Chander was the bhumidhar of the plots in dispute.

(3.) Bhara Mal and Baljit filed an objection to the award which was allowed and the award was set aside. At the same time the matter was referred to the Arbitrator for making a fresh award. The Arbitrator again recorded the same finding and made an award holding that Ram Chander was the bhumidhar of the land, Bhara Mal and Baljit naturally challenged this award also; and the Civil Judge on his part adhered to his previous finding, namely, that Bhara Mal and Baljit were the sirdars of the land in dispute and Ram Chander was not its Bhumidhar. He was also of the opinion that the Arbitrator was guilty of legal misconduct having misapplied the law; and he, consequently, again set aside the award and remitted it for making a fresh award.