BADRI PRASAD Vs. D D C & ORS

JUDGEMENT

(1.) Heard learned counsel for petitioner and counsel for opposite parties.

(2.) This writ petition has been filed challenging the judgment and order dated 24.4.1980 passed by Deputy Director of of Consolidation. The dispute in the case emanated between the parties when objection was raised by the opposite parties.

(3.) The suit was filed under Section 229-B of U.P.Z.A. & L.R. Act ( For short U.P.Z.A. Act) 1968 claiming himself to be Aadhiwasi and then Sirdar of the land in dispute. He claimed Sirdari rights by virtue of adverse possession and relief of ejectment in the alternative was also prayed. Shyama Charan father of the opposite party No.2 to 5 contested the suit and claimed themselves to be owner of the land in dispute as a vendee of Sukhdev and others. The suit of the petitioner was decreed on 6.5.1960. In appeal filed by Shyama Charan, the matter was remanded to decide the question of bhumidhari rights. The issue of bhumidhari rights was preferred to the Civil Court on 12.1962 for giving a finding which was returned with a finding on 17.9.1962. Thereafter the suit was again decreed on 8.5.1963 by Assistant Collector Ist Class. Shyama charan filed an appeal which was decided by the Additional Collector vide order dated 26.11.1964 and was not found maintainable in the Revenue Court and was returned for presentation before the appropriate Court. The order dated 26.11.1964 was challenged by Shyama Charan in second appeal No. 42 (2)/64-65/Pratapgarh and second appeal was abated due to notification under Section 4 of the U.P. Consolidation of Holdings Act, 1953 (For short C.H. Act).