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2024 Supreme(SC) 1072

C. T. RAVIKUMAR, SANJAY KAROL
Shambhu Chauhan – Appellant
Versus
Ram Kirpal Alias Chirkut – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Shyamal Kumar, AOR Mr. Manish Kumar Kohli, Adv. Mr. B S Rajesh Agrajit, Adv. Mr. Ramesh Kumar Thakur, Adv. Mr. Vinay Kumar Ojha, Adv.
For the Respondent(s): Mr. S. R. Singh, Sr. Adv. Ms. Tulika Mukherjee, AOR Mr. Kumar Anurag Singh, Adv. Mr. Beenu Sharma, Adv. Mr. Venkat Narayan, Adv. M/S. Anuradha & Associates, AOR

JUDGMENT :

Sanjay Karol, J.

1. The present appeal has been preferred against the judgment and order dated 25th November, 2011 passed by the High Court of Judicature at Allahabad in Civil Misc. W.P. No. 13286 of 1981, whereby the judgment and order dated 28th August, 1976 passed by the Settlement Officer, Consolidation at Deoria, and order dated 01st October, 1981 passed by the Deputy Director of Consolidation at Deoria were set aside. The Settlement Officer, Deoria Sadar, in turn, had set aside the findings returned by the Consolidation Officer against the Appellant at Deoria in Suit Nos.6273 and 6264 by order dated 18th October 1975.

2. The facts giving rise to the present appeal are that Khata Nos.38 and 193 (referred to as “disputed land”) are situated in village Muda Dih, Tappa Deoria, Pargana Salempur Majhauli, district Deoria. Sehati and Bandhoo sons of Neoor were brothers. Bandhoo had one son namely Agloo, who was married to Aftee. Aftee died in the year 1959. After the death of Aftee, the disputed land came to be recorded in the name of Sehati in pursuance of a mutation order dated 15th December, 1959. The disputed land continued to be recorded in the names of Jhagru and Bhusa

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