VISHWA NATH PRASAD Vs. DY DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) A learned single Judge of this Court before whom this petition by Viswa Nath Pd. under Article 226 of the Constitution came up for hearing, felt that the decision of a Division Bench of this Court, in the case of Malik Nizamuddin v. Sheo Prakash (1960 All LJ 889) which according to him covered the controversy raised in this petition, requires reconsideration. He accordingly directed that the papers of this case be laid before Hon'ble the Chief Justice for constituting a larger Bench. This is how the matter has come up before us.

(2.) The dispute in this petition relates to plot No. 122 of Khata No. 58 of village Puraina, Tappa Shat, Pargana Bansi East which came under the consolidation operation in the year 1970.

(3.) In the basic year, the plot in dispute was recorded as sole sirdari of petitioner, Vishwa Nath Pd. On 17-7-1970, Smt. Baboona, filed an objection under Sec. 9 of the U. P. Consolidation of Holdings Act, alleging that the plot in question was tenancy grove of Har Pd. and Ganesh Pd. The erstwhile Zamindar filed a suit for recovery of arrears of rent against Har Pd. and Ganesh Pd. on 6-12-1954, and obtained an ex parte decree against them on 21-1-1955. Thereafter, the Zamindar took steps to execute the decree under Section 251 of the U. P. Tenancy Act, and got the grove in dispute sold. Vishwa Nath Pd., real maternal nephew of Ganesh Pd., purchased the grove and got his name mutated in the villege papers. The objector, claimed that the proceedings taken for execution of the decree by sale of the property in dispute were absolutely without jurisdiction and, did not affect the right and title which the judgment-debtor had in the property. Ganesh Pd. died heirless and she as the daughter of Har Pd. succeeded to his interest. The third brother of the judgment-debtor i.e. Mahadeo, did not claim any interest in the property. Thus, after the death of her father, she became the sole bhumidhar of the plot and was entitled to have the entry standing in the name of Vishwa Nath Pd. corrected accordingly.