ILLIYAS Vs. JOINT DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) ASHOK Bhushan, J. Heard Sri Nipun Singh, learned Counsel for the petitioners and learned Counsel appearing for the contesting respondents No. 2 and 3.

(2.) BY this writ petition, the petitioners have prayed for quashing the judgment and order dated 11. 3. 2002, passed by the Deputy Director of Consolidation allowing the revision filed by the respondents No. 2 and 3.

(3.) LEARNED Counsel for the respondents refuting the submissions of learned Counsel for the petitioners, contended that although after the death of Karmu, which took place on 29. 4. 1941, Smt. Gyano remarried with Fattu but she continued to be in possession of the land in dispute and was recognized as tenant by the Zamindar as such she became tenant in her own rights. Thus, on her death, the land would devolve according to Section 174 of the U. P. Zamindari Abolition and Land Reforms Act. A suit for ejectment under Section 180 of the U. P. Tenancy Act, 1939 was filed against Smt. Gyano by Gajju, the brother of Karmu which was dismissed on 30. 9. 1948. Further a suit was filed under Section 49 of the U. P. Tenancy Act for division of holding by Gajju and another brother of Karmu against Smt. Gyano, claiming themselves to be cotenants, the suit was dismissed on 16. 10. 1951, holding that the plaintiffs had no right as Smt. Gyano was the tenant of the land in dispute. It is further submitted that in earlier Consolidation proceedings, the objection was filed by Azimuddin the brother of Karmu and others claiming rights in the land in dispute which objections were rejected and the said order was confirmed by Settlement Officer, Consolidation and Deputy Director of Consolidation vide order dated 15. 9. 1960 hence, no rights can be claimed by the petitioners in the land in dispute. LEARNED Counsel for the respondents has also relied on Division Bench judgment of this Court in Smt. Tilari, Lilawati and Munna Singh (supra) as well as judgment of the Apex Court in the case of Smt. Mainia v. Deputy Director of Consolidation and others, 1989 R. D. 353.