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2004 Supreme(SC) 688

SHIVARAJ V.PATIL, D.M.DHARMADHIKARI
Virendra Nath Thr. P. A. Holder R. R. Gupta – Appellant
Versus
Mohd. Jamil – Respondent


JUDGMENT

Dharmadhikari, J.-This appeal has been preferred against the judgment dated 07.8.1997 of the High Court of Allahabad whereby revisional order dated 10.2.1975 passed by the Deputy Director of Consolidation, Allahabad, has been set aside and the order dated 26.3.1974 passed by the Assistant Settlement Officer of Consolidation has been restored.

2. Relevant facts leading to filing of this appeal are as under:-

In relation to the lands in question, an objection was filed by Jan Mohammad (represented now by the respondents) in the court of Consolidation Officer under provision of section 9A of Uttar Pradesh Consolidation of Holdings Act, 1953 [for short the Consolidation Act, 1953] for declaring and recording him on the land as Sirdar in accordance with section 210 of the Uttar Pradesh Zamindari Abolition & Land Reforms Act, 1950 [for short the Abolition Act]. The claim of Jan Mohammad was on the basis of his alleged adverse possession on the land for long period of 40 years. The Consolidation Officer accepted case of Jan Mohammad and recorded him as Sirdar on the land.

3. The recorded owners of the lands preferred an appeal under section 11 of the Consolidation Act to Assistant Se



















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