Judgment

A. C. GUPTA, J :- This appeal by special leave is from a Judgment of a Division Bench of the Allahabad High Court affirming a decision of a learned single Judge of that Court allowing a writ petition made by the first respondent.

2. These are the facts of the case. There is no dispute that in 1356 fasli (1-7-1948 to 30-6-1949) first respondent Mihi Lals name was recorded as the person is possession of the disputed plots. It appears that earlier, in 1945, the revenue Court had passed an order for his eviction from the land in a proceeding under Section 175 of the U. P. Tenancy Act, 1939 initiated by the appellants. Mihi Lals name, however, continued to be recorded against these plots as occupant for several years; either Mihi Lal continued to be in possession of the plots or somehow got back into possession as would appear from the fact that on June 27, 1952, another proceeding was instituted under Section 180 of the said Act for his eviction. Before this proceeding was concluded, the village came under consolidation operations. The appellants filed an objection saying that Mihi Lal had no right to the land. This objection was allowed by the Consolidation Officer and was uphe