BECHU RAI Vs. DEPUTY DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) At the time of hearing, no one had appeared on behalf of contesting respondents/legal representatives of contesting respondents in spite of sufficient service, accordingly only the arguments of learned counsel for the petitioner were heard.

(2.) This writ petition is directed against judgment and order dated 18.10.1973 passed by D.D.C. Ghazipur in Revision No. 467, Bechu v. Deomuni Rai and others. At the start of the consolidation in the area in question (basic year) petitioner's name was not recorded in the revenue records over the land in dispute comprised in Plot No. 177, area 7 biswas 17 biswansis (total area of the plot is 16 biswas and odd). Prior to the start of the consolidation, suit under Section 229-B of U.P.Z.A. & L.R. Act had been filed, which was decreed. However during pendency of appeal against the said decree, consolidation proceedings started and the appeal stood abated and was dismissed as such. Thereafter, petitioner filed objections before A.C.O., which was referred by him for disposal to CO. The CO. decided the matter in favour of the petitioner, however the appeal filed by the contesting respondents was allowed and the judgment of the appellate Court was maintained by the revisional Court giving rise to the instant writ petition.

(3.) Petitioner put-forward two pleas. One was on the basis of possession and the other on a mortgage deed. In respect of mortgage, the contention of petitioner was that ancestors of the contesting respondents had mortgaged the whole plot to his ancestors. However half of the mortgaged money had been paid, hence only half property was released by him in favour of some of the contesting respondents or their ancestors.