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2000 Supreme(SC) 278

S.SAGHIR AHMAD, Y.K.SABHARWAL
Sheo Nand – Appellant
Versus
Deputy Director Of Consolidation Allahabad – Respondent


ORDER

S. Saghir Ahmad, J.-The appellants, who had claimed Sirdari rights by adverse possession over different plots in three different villages, were allowed that right only in respect of one plot situated in village Jethupur and their claim in respect of other plots was dismissed by the Deputy Director of Consolidation at the revisional stage under Section 48 of the U.P. Consolidation of Holdings Act, 1953 (for short, the Act ) on a consideration of oral and documentary evidence. The Deputy Director, who carefully scrutinised the Revenue Records, filed by the parties, found many of the entries forged and fictitious; many other entries were found to have been made in the Revenue Records without complying with the mandatory requirements set out in the U.P. Land Records Manual. He ultimately came to the conclusion that since the recorded tenure-holder, namely, Jethu @ Madhoo (respondent No. 12) was not available, having died a civil death, his property would vest in the Gram Sabha. The Deputy Director had also negatived the claim of Smt. Ganeshia, alleged sister of Jethu who had also laid claim over the plots belonging to Jethu on the ground that Jethu who was unmarried and consequen


































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