GANGOO Vs. ASHARFI LAL AND OTHERS

JUDGEMENT

(1.) THIS special appeal arises out of consolidation proceedings. When notices Under Section 9 of the UP Consolidation of Holdings Act were issued in village Darauli, district Unnao, an objection was filed by Asharfi Lal and Munni Lal claiming a certain plot as their Sir plot. Their objection was dismissed by the Consolidation Officer. Their appeal was allowed by the Assistant Settlement Officer (Consolidation) on 10 -8 -1964. Against that order a revision was filed by Gangu. The revision was allowed by the Dy. Director (Consolidation) on 12 -2 -1965. Asharfi Lal and Munni Lal filed before this Court a writ petition challenging the order of the Dy. Director dated 12 2 -1965. Gangu has filed the present special appeal against the decision of the learned Single Judge allowing the writ petition.

(2.) UP Consolidation of Holdings Act is UP Act No. V of 1954. The Act has been amended from time to time. One such amendment was made by UP Act No. VIII of 1963. Parties are agreed that in view of the history of this litigation, the right of appeal and revision was governed by the Act as it stood before its amendment by UP Act No. VIII of 1963. It will be convenient to refer to the Act before its amendment by UP Act No. VIII of 1963 as the old Act. We are, therefore, largely concerned with the provisions of the old Act.

(3.) MR . Misra, appearing for the present Appellants, conceded the position that the revision filed by Gangu was incompetent. But Mr. Misra suggested that the revision may be treated as a second appeal under Sub -section (2) of Section 11 of the Act. In order to decide whether this course can be permitted, it is necessary to examine the provision of Section 11 of the old Act carefully.