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1971 Supreme(SC) 17

J. C. SHAH, K. S. HEGDE, A. N. GROVER
Ramdass – Appellant
Versus
Dy. Director Of Consolidation – Respondent


Judgment

GROVER, J.:- This is an appeal from a judgment of the Allahabad High Court dismissing a writ petition which had been filed by the appellants. The facts lie in a narrow compass. The appellants were recorded as Sir Khudkasht holders of the plots in dispute. Respondents 4 to 6 were entered as sub-tenants in respect of those plots in the year 1356 Fasli. The appellants filed a suit for a declaration that the respondents were adhivasis. The suit was decreed ex parte. The ex parte order, however was set aside upon the application of the respondents. The suit was subsequently withdrawn with liberty to file a fresh suit. It appears that in 1960 three suits were filed. The principal allegation in the suits was that the entry in the revenue records on the basis of which the respondents claimed adhivasi rights was fictitious. The parties then entered into a compromise in which it was admitted by the respondents that the appellants were Bhoomidars and that the respondents had no interest in the disputed property. It was also admitted that the entry in the revenue records in favour of the respondents was fictitious. The suits were consequently decreed. Subsequently the respondents appli





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