BANS BAHORE Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) THE facts giving rise to this writ petition are as follows:-

(2.) CHHEDI , the father of Bans Bahore and Ram Bahore petitioners and their uncle Chunna were Zamindars in village Barkuiyan, Tappa Kandar, district Basti. They mortgaged their entire Zamindariproperty situated in the aforesaid village to Mahadeo Ram and his brothers. The disputed land was sir and khudkasht of the petitioners. The mortgagees trans ferred their mortgagee rights to certain persons. Shitla Prasad, Ram Prasad and Oudh Prasad, opposite parties Nos. 6 to 8 are the representatives in interest of the purchasers of part of the mortgagee rights. The contesting opposite parties are sons of Ganesh and Ram Lochan, who were also the purchasers of the mort gagee rights. The mortgage was execut ed in 1926. The sale of the mortgagee rights took place in 1938.

(3.) THE learned counsel for the Petitioners contended that the Assistant Settlement Officer (Consolidation), the Deputy Director of Consolidation who decreed the second appeal and the Deputy Director of Consolidation who decreed the revision were wrong in holding that Section 6 of the Limitation Act did not apply to cases under the U.P. ZamindariAbolition and Land Reforms Act and there fore, their Judgments were illegal and manifestly wrong.