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1999 Supreme(SC) 1098

R.P.SETHI, S.SAGHIR AHMAD
Pratap Singh Babu Ram – Appellant
Versus
Deputy Director Of Consolidation, Mainpuri – Respondent


ORDER

S. Saghir Ahmad, J.- Plot Nos. 510, 519, 520, 521, 522, 523, 524 and 533 of Khata No. 76 situated in village Akbarpur Kutubpur, Pargana Mustafabad, Tehsil Jasrana, District Mainpuri, were recorded in the basic year in the name of Hira Lal, father of the present appellants. When the Consolidation operations under the U.P. Consolidation of Holdings Act (for short "the Act") started, the respondents filed objections claiming, inter alia, that the plots in question constituted "Sir" and "Khudkasht" land of thier predecessor-in-interest, namely, Hansraj, who had mortgaged these plots in favour of the predecessor-in-interest of the appellants on 21.1.1920. On the abolition of the Zamidari by the U.P. Zamidari Abolition & Land Reforms Act, 1950 (for short "the ZA&LRAct") they ought to have been recorded as "Bhumidhars" of the said land in view of Section 14 of the ZA&LR Act.

2. The appellants contested the case before the Consolidation Officer by filing a written statement and the Consolidation Officer by his judgment and order dated 29.5.1963 decided the case in favour of Hira Lal.

3. In appeal which was filed thereafter by the respondents, it was held by the Assistant Settlement

















































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