NANGA BHUP Vs. ADDITIONAL DIRECTORS CONSOLIDATION OF HOLDINGS

JUDGEMENT

(1.) THE three petitioners Nanga Nanhar and Om Parkash claiming to be tenants at will of land measuring 7 bighas and 7 biswas in village Bhageshri in Charkhi Dadri tehsil of Mohindergrah District have sought the intervention of this Court under arts. 226 and 227 of the Constitution of India to challenge the validity of the order passed by the Additional Director Consolidation of Holdings on the 20th of november, 1962, directing Prithi Singh respondent No. 3 to be put into his possession.

(2.) THE state of Bhageshri was brought under consolidation by virtue of the notification issued on the 22nd of November, 1954, under sub-section (1) of section 14 of the Consolidation Act. The scheme for repartition published on the 27th of April, 1957, after disposal of the objections received against the draft scheme. The scheme was revoked later and the revised scheme for re-partition of the village was published by the Consolidation Officer under S. 21 (1) of the Act on the 19th of February, 1960.

(3.) ACCORDING to the petitioners they have been in possession as coshares and tenants of 7 bighas and 7 biswas of land. The 3rd respondent Prithi Singh claimed to be an owner of the entire area and actually obtained in a an application for partition made before the authorities under the Punjab Land Revenue Act a mutation in his favour on the 11th of January, 1957. Although the disputed land is said to have been allotted in favour of the petitioners this order of allotment was set aside under S. 42 of the Act by the Additional Director on the ground that the 3rd respondent has established his claim to it under mutation No. 239 of the 11th of January, 1957. The foundation of the claim of the 3rd respondent is the mutation of the 11th of January, 1957.