KATORA Vs. DEPUTY DIRECTOR OF CONSOLIDATION SULTANPUR

JUDGEMENT

(1.) THIS writ petition is directed against the impugned judgment and order dated 21 -12 -1974 passed by the Deputy Director of Consolidation by which he allowed the revision filed by opposite parties 4 to 6 namely, Mohd. Muneer, Mohd. Yaqub and Sri Mohd. Siddique sons of Abdul Wahid and declared them to have acquired Sridari rights by adverse possession and directed that their names be recorded as Sirdars on the plot in dispute by expunging the name of the revisionist Anmol Singh. Anmol Singh filed this writ petition challenging the order passed by the Deputy Director of Consolidation. During pendency of the writ petition he died and his heir and legal successor Smt. Katora was substituted.

(2.) THE dispute in the present case relates to pot No. 42 which was entered in the basic year Khatauni in the name of Anmol Singh as Bhumidhar. Mohd. Muneer and others the opposite parties 4 to 6 were recorded as trespassers in clause 9, part II Khatauni. They filed objection claiming Sirdari rights in the said land on the basis of their continuous dispossession for more than the prescribed limitation.

(3.) LEARNED Deputy Director of Consolidation referred to the evidence on record and found that a suit for ejectment and damages under Section 209 of the UP ZA and LR Act was filed by Anmol Singh against the opposite parties 4 to 6 in which it was pleaded that Mohd. Muneer and others were occupants without title and that their possession from 1st July 1952 was adverse and without the consent of the recorded tenure -holder. Muneer and others had claimed Sirdari rights in that suit. Anmol Singh filed an application in the Court of Munsif seeking withdraw with permission to file a fresh suit. His application was rejected and the suit was dismissed as Anmol Singh did not pursue it. No fresh suit was filed subsequently by Anmol Singh. On these facts learned Deputy Director of Consolidation held that Anmol Singh admitted possession of the revisionists opposite parties 4 to 6 to be that of a trespassers from 1st July, 1952, and, as such, they had perfected right by adverse possession.