GANGA DEVI Vs. DEPUTY DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) POONAM Srivastava, J. Heard Sri N. C. Rajvanshi, Senior Advocate, assisted by Sri M. K. Rajvanshi, learned Counsel appearing for the petitioner and Sri J. N. Rai, learned Counsel appearing for the contesting respondent.

(2.) THE dispute in the instant writ petition relates to land of Khata No. 8 consisting of 8 plots having an area of 5 bighas 9 biswas situated in village Katera Zafarabad, Pargana-Pooth, District Ghaziabad.

(3.) NEXT argument is that mere entry in 1336 Fasli is not sufficient to establish the rights of co-tenancy. It is submitted that the documentary evidence available on record, conclusively suggests that the disputed land was settled by the Zamindar in favour of Lal Singh exclusively after ejecting Jai Singh and Dauley, and also that all along, land revenue was exclusively paid by the petitioner after grant of Bhumidhar sanad. There was no mistake regarding title of the petitioner. Besides, the petitioner was in exclusive possession of the land as it was evident from the various revenue entries and also her name having been recorded in the basic year. It is also submitted that the Deputy Director of Consolidation misinterpreted direction of this Court passed in the judgment and order dated 21-3-1984 and without applying his judicial mind, has mechanically passed the impugned order, which does not have any legs to stand.