JUDGMENT

Shivaraj V. Patil, J.-The only point that arises for determination is whether the appellants are entitled to the benefit of allotment of Beshi Phirni area as a result of inclusion of Killa No. 28/22 within the extended phirni as a result of the amended Scheme of consolidation confirmed on 12.8.1991.

2. One Dinesh Kumar, respondent No.4 in this appeal, was right-holder of land in field No. 1244 at Alipur at the time of commencement of the operation of consolidation. The said land was included in the phirni (Laldora) when the original Scheme of consolidation was brought into force in the year 1987. As per the Scheme he was allotted three times area of agricultural land in lieu of field No. 1244. The area so allotted was comprised in field Nos. 28/12, 28/19 and 28/22. Accordingly he was put in possession of the said lands during the repartition proceedings in the year 1987. Thereafter, in the year 1988 the respondent No. 4 sold his land in Killa No. 28/22 measuring 4 bighas and 9 biswas in the year 1988 to Gautam Jain, respondent No.3 herein. This Kills No. 28/22 was Khasra No. 324 earlier, i.e., pre-consolidation field number. Since respondent No.4 had already taken benefit of