M.FATHIMA BEEVI, N.M.KASLIWAL
Ram Bhawan Singh – Appellant
Versus
Jagdish – Respondent
JUDGEMENT
FATHIMA BEEVI, J.- These appeals by special leave are directed against the judgments of the High Court of Allahabad. The land in plots Nos. 6385 and 6386 measuring 5 bighas and 4 biswas had been in the possession of Ram Dayal as mortgagee under Baijnath who was the original tenant. Respondents 1 to 3 are the descendants of Ram Dayal. They made an application under Section 9 of the U.P. Consolidation of Holdings Act, 1954 before the Consolidation Officer. They claimed tenancy rights on the basis of the deed dated July 30, 1945 and they stated that their names had been recorded in the Khatauni of 1359 Fasli; they are in cultivatory possession and have become adhivasis and subsequently sirdars. They alleged that the names of the appellants herein have been wrongly entered in the Khatauni of 1353 Fasli and that the appellants have no right or possession over the land. The respondents prayed for entering their names as sirdars and scoring off the names of the appellants.
2. This application was allowed by the Consolidation Officer by order dated July 23, 1967. The order was reversed by the Settlement Officer (Consolidation). The Deputy Director of Consolidation dismissed the rev
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