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1990 Supreme(SC) 389

S.MOHAN, K.N.SAIKIA, S.C.AGRAWAL, A.M.AHMADI
Hasanali – Appellant
Versus
State Of U. P. – Respondent


JUDGMENT :- This appeal is from the judgment of the High Court of Judicature at Allahabad, Lucknow dated 20-8-1980 in Writ Petition No. 648 of 1978. The High Court allowed the Writ Petition setting aside the concurrent orders of all the three consolidation authorities holding that the writ petitioners, Respondents 5 and 6 herein, were entitled to get back possession.

2. The disputed plots were entered in the basic year in the name of Respondents 5 and 6, Yar Mohammed and lqbal Mohammed and on publication of basic year records, the appellants Hasan Ali, Nazar Ali and Maghul Ali filed objections claiming the co-tenancy right in respect of Khata No. 365. They also claimed sirdari rights over 1/ 3rd share of the plots in Khata No. 365 on the basis of possession. There being dispute between the parties the matter was referred to the Consolidation Officer before whom parties tendered oral and documentary evidence in respect of their cases. The Consolidation Officer rejected the claim of co-tenancy rights but allowed the claim as to sirdari rights on the basis of recorded possession. Against the said order, the Respondents 5 and 6 filed appeal before Settlement Officer (Consolidation) and



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