BABU RAM Vs. D D C MAINPURI

JUDGEMENT

(1.) S. U. Khan, J. These writ petitions arise out of consolidation proceedings and involve question of title. All the three Courts i. e. Consolidation Officer (CO), Settlement Officer Consolidation (SCO) and Deputy Director of Consolidation (DDC) decided the matter against the petitioners.

(2.) ONE Govind Kunwar was tenant of the plots in dispute. She sublet the plots to the petitioners. She died on 7-9-1949 (1957 fasli) without leaving any heirs. By two lease deeds dated 11-9- 1949 and 14-9- 1949, Zamindar let out the plots in dispute to the contesting respondents. On 21-7-1951 the contesting respondents/new lessees filed two suits under Section 180 of U. P. Tenancy Act, 1939 for eviction of the petitioners from the plots in dispute. The suits were dismissed by the trial Court however Additional Commissioner in First Appeal decreed the suits. The said judgment was maintained by the Board of Revenue. Writ petitions filed by the petitioners in this Court were also dismissed by Single Judge. Against the said decisions, petitioners filed two Special Appeals being Special Appeal No. 1099 of 1967 and Special Appeal No. 1100 of 1967. Special Appeals were allowed on 10-5-1973 i. e. after filing of the instant writ petitions, which were filed in January 1973.

(3.) AFTER decision of the aforesaid special appeals copies of their judgments were also filed in these writ petitions along with supplementary affidavit.