JAAN ALI Vs. JOINT DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) WRIT Petition No. 2977 of 1979 filed by Jaan Ali (since deceased and substituted by his legal heirs and representatives) and another pray for quashing the impugned orders dated 20-10-1971, 13-1-1972 and 30-6-1979 contained in annexures 6, 7 and 8 respectively to the writ petition passed by the Consolidation Officer, Ram Nagar, Faizabad, Assistant Settlement Officer Consolidation Faizabad and the Joint Director of Consolidation, Faizabad respectively.

(2.) WRIT Petition No. 6826 of 1987 has been preferred by Auladan and another against the very said orders filed as annexures 1, 2 and 3 respectively to this writ petition. Thus in both the writ petitions a prayer for quashing the said orders has been made by the contending parties.

(3.) THE learned counsel further contended that even otherwise since the basic year entry stood in the name of Auladan and Ibne Hasan there was no question of succession at all. This could be proved by Jaan Ali and Smt. Wahidunnisan only by establishing their possession and succession. THEre being no evidence to that effect the judgment and order of the Consolidation Officer dated 20-10-1971 holding Jaan Ali and Smt. Wahidunnisan co- tenants of certain plots of land in the disputed Khata cannot be sustained. THE learned counsel for Auladan and Ibne Hasan has further relied on the decision in the case of Pulavarthi Venkata Subba Rao v. Valluri Jagannadha Rao, AIR 1967 SC 592 wherein it has been laid down by their Lordships that-