RASHEED AHMAD Vs. ASSISTANT DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) Heard Sri Usuf Safi, Advocate holding brief of Sri M.A. Siddiqui, learned counsel for the petitioners as well as learned Standing Counsel for respondent Nos. 1 and 2 and Sri Ram Kushal Tiwari, learned counsel appearing on behalf of respondent Nos. 2, 3/2 to 3/4.

(2.) It is submitted by learned counsel for the petitioners that dispute in the present case pertains to Khata No. 321/1, situated in Village - Itkauli Barosa, Sultanpur. It is next submitted that present dispute pertains to co-tenancy rights of the petitioners along-with private respondents with regard to the disputed property. It is further sub-mitted that original tenure-holder of the disputed property was one Mohd. Fa-lah, who had four sons namely Menhdi Hasan, Mehboob Ali, Nasir Ali and Fateh Ali. It is submitted that after death of Mohd. Falah, the property continued to devolve upon the legal heirs of Mohd.Falah and lastly in Fasli year 1362 the land was recorded in the names of the descendants of Mohd. Falah. It is sub-mitted by learned counsel for the peti-tioner that the controversy in the pre-sent case has commenced after Fasli year 1362. It is stated that from Fasli year 1363 names of the co-tenure-holders alongwith petitioners and pri-vate respondents were deleted and land was recorded in the names of "Adiva-sies" being actual tillers of the disputed land.

(3.) It has been next submitted by learned counsel for the petitioners that after coming into effect of the provisions of Sec. 240 of the U.P. Z.A. and L.R. Act, where substantial rights came to be settled in favour of "Adivasies" who were in actual cultivatory possession of the land, were to be declared Bhoomidhars. It is the persons whose names came to be recorded in Fasli year 1963, were declared Bhoomidhars and have obtained Bhoomidhari rights and fur-ther it is stated that the said persons had moved application for deletion of their names and for recording name of Sirajuddin (respondent No. 3) in their place. It seems that the application preferred by the "Adivasies" was allowed and that is how name of Sirajuddin (respondent No. 3) came to be recorded in the revenue records.