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1998 Supreme(SC) 1028

A. P. MISRA, G. B. PATTANAIK, M. M. PUNCHHI
Chandrabhushan – Appellant
Versus
Beni Prasad – Respondent


JUDGMENT :- The name of respondent 4 is deleted, as prayed for.

2. This appeal is directed against the judgment of the Allahabad High Court in Civil Misc. Writ Petition No. 144 of 1976 which arose out of a proceeding under the Consolidation Act. The dispute centres around three Khatas, Khata No. 44 in village Mamarkha and Khata Nos. 76 and 345 in village Jaraon. In the basic year namely the year in which the consolidation proceeding was initiated, all these lands stood recorded in the name of the appellant. The respondent, Beni Prasad filed objection claiming a right of co-tenancy and the Consolidation Officer, on consideration of his objection rejected the same. He carried the matter in appeal and on being unsuccessful, he preferred revision. The revision also stood dismissed. The matter being carried to the High Court in a writ petition, the High Court had interfered with the findings arrived at by all the forums under the Consolidation Act. The claim of respondent Beni Prasad in respect to Khata Nos. 44 and 76 was based on an alleged settlement between the parties entered into in the year 1907. All the forums under the Consolidation Act considered the document but came to give ef

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