Judgement

S. SAGHIR AHMAD, J. :- Since in these two appeals, common question of law relating to the abatement of suit or proceedings under Section 5(2) of the U.P. Consolidation of Holdings Act (for short Act) is involved, both the appeals which were heard together, are being disposed of by this judgment.

2. In Civil Appeal No. 10214 of 1983, Plots Nos. 139 and 240 situate in Village Rampur, Pargana and Tehsil Hapur, District Meerut, were recorded in the basic year, in the name of the appellants against whom respondents 3 to 6 filed objections claiming co-tenancy but the appellants contested their claim and pleaded that they, namely, the appellants were exclusive tenure-holders of the aforesaid plots in which respondents 3 to 6 had no share.

3. The Consolidation Officer by his order dated 23rd January, 1973, dismissed the objections with the finding that respondents had no share in the plots but the Settlement Officer, Consolidation (for short, SOC), in appeal, allowed the claim of the respondents by judgment and order dated 12th July, 1973, which was also upheld by the Deputy Director of Consolidation (for short, DDC) by his judgment and order dated 17th September, 1973. The basis of