B.N.KIRPAL, S.B.MAJMUDAR
Ram Harakh – Appellant
Versus
Hamid Ahmed Khan – Respondent
ORDER
1. These three appeals arise out of a common judgment of the High Court of Allahabad whereby the learned Single Judge of the High Court disposed of two writ petitions and confirmed the order passed in revision by the Deputy Director of Consolidation functioning under the U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as "the Act"). The dispute between the parties centres round the right to remain in possession of 109 disputed plots of lands situated in Gonda District in the State of U.P. The respondents herein were the Zamindars of these lands and were admittedly recorded as Khud Kasht (in personal cultivation) of these lands in the relevant records of rights till 1947 by Entry No. 1354 Fasli. The said entry related to the year beginning from 1-7-1946 and ending on 30-6-1947. All authorities functioning under the Act concurrently held that such was the factual position till 30-6-1947. Therefore, the respondents were found to be in actual possession and being Zamindars intermediaries were personally holding these lands in their possession at least till that date. It appears that these respondents during the relevant time, immediately after partition of the c
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