MAHADEO Vs. JOINT DIRECTOR OF CONSOLIDATION AND OTHERS

JUDGEMENT

(1.) This writ petition arises out of proceeding under Sec. 9A(2) of the U.P. Consolidation of Holdings Act (for short ''the Act') and is directed against the judgment of the Joint director of Consolidation dated 7.3.1980.

(2.) The dispute relates to khata no. 409 situate in village Upraura Tappa Chaurasi Tehsil Meja District Allahabad. In the basic year the contesting respondent nos. 4 to 7 were recorded as sirdar and the petitioner was recorded in ''Ziman IX'. An objection under Sec. 9A(2) of the Act was filed by the contesting respondents to expunge the name of the petitioner on the ground that entries in ''Ziman IX' was farzi. The petitioner contested the claim of the answering respondents. In support of the case the petitioner filed khasra of 1370, 1371, 1372 & 1373 fasli which went to show his possession in the remarks column. The petitioner also filed copy of the plaint of suit no. 231/106 of 1958 filed by respondent no.4 Ram Chandra & others under Sec. 209 of U.P.Z.A & L.R Act for ejectment of the petitioner from the land in dispute. It was clearly admitted in paragraph 3 of the plaint that the petitioner has taken wrongful possession since Aug., 1956. The said suit was dismissed in default in 1958.

(3.) The Consolidation Officer vide order dated 16.1.1978 allowed the objection of the contesting respondents and directed to expunge the name of the petitioner from ''Ziman IX'. However, the Settlement Officer Consolidation vide order dated 12.9.1978 allowed the appeal filed by the petitioner and held that he has perfected rights by adverse possession. Revision filed by the contesting respondents was allowed by the Joint Director of Consolidation vide impugned order dated 7.3.1980.