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2001 Supreme(SC) 1664

R.C.LAHOTI, V.N.KHARE
RAHIMAL (DEAD) BY LRS – Appellant
Versus
DY. DIRECTOR OF CONSOLIDATION – Respondent


( 1 ) THIS appeal arises out of the consolidation operation undertaken under the U. P. Consolidation of Holdings Act, 1953. The respondents filed an objection before the Assistant Consolidation Officer, Chakki, Malwan, district Fatehpur claiming co-tenancy right in disputed khata. It appears from the record that the appellants, who earlier were claiming exclusive tenancy rights in the disputed khatas entered into a compromise with the respondents accepting them as co-tenure-holder to the extent of half share in the disputed khata. The said compromise was signed by the parties as well as by the two members of the Management Committee of Gram Panchayat. The Assistant consolidation Officer, in view of the said compromise, passed an order dated 11-5-1974.

( 2 ) THE deceased Appellant 1, who is now represented by his legal heirs and other appellants, preferred a belated appeal before the Settlement Officer (Consolidation ). Along with the appeal, the appellants also filed an application for condonation of delay in filing the appeal. In the said application under Section 5 of the Limitation Act, it was stated that since the appellants were not parties to the compromise, they had no knowl


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