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1972 Supreme(All) 304

SATISHCHANDRA, N.D.OJHA
Dhan Singh – Appellant
Versus
Jt. Director of Consolidation, U. P. Lucknow – Respondent


Advocates:
S.P. Gupta, for Appellant; G.N. Verma, Standing Counsel, for Respondents.

Judgement

N.D. OJHA, J. :- These four special appeals have been filed against a common judgment rendered by a learned Single Judge in two connected writ petitions.

2. Village Karothi, Pergana Siana, district Bulandshahr was brought under consolidation operations under the U. P. Consolidation of Holdings Act. In the basic year Jamshed Ali and Mukarram Ali appellants in Special Appeal No. 1071 of 1967 were recorded as bhumidhars of plot Nos. 30 and 34/1 M whereas Mushtaq Ali father of Nawazish Ali and Kallu appellants in Special Appeal No. 1070 of 1967 were recorded as bhumidhars of plots Nos. 31 and 34/1 M. Dhan Singh appellant in Special Appeals Nos. 1056 and 1058 of 1967 filed objections claiming to be a grove-holder of the plots in dispute and in the alternative to have become sirdar by virtue of his long continuous possession. This was, however, not the first litigation between the parties. Jamshed Ali and Mukarram Ali had filed a suit on June 28, 1949 for the ejectment of Dhan Singh from plot Nos. 30 and 34/1 under Section 180 of the U. P. Tenancy Act. The said suit was stayed on September 23, 1949 in pursuance of an order passed by the State Government. Subsequently proceedings


















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