BRAMHANAND RAI Vs. DIRECTOR OF CONSOLIDATION GHAZIPUR

JUDGEMENT

(1.) This writ petition has come up for hearing before us on a reference made by a learned single Judge of this Court on his doubting the correctness of the two single Judge decisions of this Court in Brij Lal v. Deputy Director of Consolidation Lucknow Camp at Lucknow 1982 All WC 862 and Nathai v. Joint Director of Consolidation, Allahabad 1984 All LJ 324.

(2.) The brief facts of the case are these. In the basic year the land in dispute was recorded in the name of opposite party No. 4 Smt. Madina Bibi. Petitioners Brahmanand Rai and Basudeo Rai filed objection under S.9A(2) of the U.P. Consolidation of Holdings Act (hereinafter referred to as the Act) claiming Sirdari rights in the land in dispute on the basis of the lease executed in their favour by the Zamindar Sri Mahadeo Rai on 27-5-1950. The objection was contested by the opposite party No. 4 Smt. Madina Bibi on the ground that she had purchased the land in dispute from Lugari Rai son of Mahadeo Rai on 30-9-1954 and since then she has been in possession thereof. The Consolidation Officer who heard the objection rejected it on 9-8-1970. Petitioners filed appeal to the Settlement Officer Consolidation which was dismissed by the Assistant Settlement Officer Consolidation on 15-10-1971. Thereafter, they filed revision to the Deputy Director of Consolidation but it was also dismissed on 27-5-1974. Feeling aggrieved, they have come up to this Court under Art.226 of the Constitution.

(3.) We have heard the learned counsel for the parties and have perused the record.