CHHOTKUN Vs. D.D.C. AZAMGARH

JUDGEMENT

(1.) Heard Shri Govind Krishna, counsel for the petitioner and Shri J.A.Azami counsel for respondent no.2.

(2.) The dispute between the petitioner and respondent no.2 in the present writ petition as well as in the consolidation proceedings from which the present writ petition arises relates to Plot Nos. 10 & 12. Respondent no. 2 is the Gaon Sabha. The facts of the case as evident from the pleadings of the parties and the records annexed with the writ petition and the counter affidavit filed by respondent no.2, are that Khelawan Yadav, the father of the petitioner, instituted a suit under Section 229-B of the U.P Zamindari Abolition & Land Reforms Act 1950 (hereinafter referred to as Act, 1950) for declaration of his Sirdari rights over the disputed plots. One Smt.Buddhia was the original tenure holder of the disputed plots and in his plaint Khelawan Yadav alleged that the said Smt.Buddhia had put him in possession of the disputed plots in 1356 Fasli. The suit filed by Khelawan Yadav was dismissed by the Trial Court vide its judgment and decree dated 8.4.1965 and the First Appeal filed by Khelwan Yadav was also dismissed by the Additional Collector (Judicial), Azamgarh vide his judgment and order dated 1.3.1966. Aggrieved Ram Khelawan filed Second Appeal No.226(2) of 1965- 66 before the Board of Revenue which was also dismissed by the Board of Revenue vide its judgment & order dated 17.7.1970.

(3.) The petitioner contested the objections filed by the Gaon Sabha i.e., the respondent no.2 and filed his reply. In his reply, the petitioner pleaded that the revenue entries in his favour were the result of a decree dated 30.4.1973 passed by the revenue courts in Case No.59 instituted by the petitioner under Section 229-B of the Act, 1950 wherein the revenue court had declared the petitioner to be the Sirdar of the disputed plots. The Consolidation Officer, (hereinafter referred to as C.O) vide his order dated 19.9.1991 relying on the decree dated 30.4.1973 allegedly passed in Case No.59, dismissed the objections filed by the Gaon Sabha.