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1964 Supreme(All) 46

M. C. DESAI, R. N. SHARMA
Khageshwar – Appellant
Versus
Hoshram – Respondent


Advocates:
Hargur Charan, Srivastava, for Appellant; Sriramji and Kesho Ram (for No. 1) and Standing Counsel (for Nos. 2 to 4), for Respondents.

Judgement

DESAI, C. J. : The appellant is Khageshwar and respondent No. 1 is his brother, Hoshram. During the consolidation proceedings a statement mentioned in S. 8 of the Consolidation of Holdings Act was prepared. The dispute between the appellant and the respondent is about certain land which is claimed by the appellant as owned jointly by him and the respondent and is claimed by the respondent as owned exclusively by him. It is not known what entries were made in the statement prepared under S. 8 but no objection was made under S. 9 by the appellant or the respondent against whatever entry was made in it. After hearing objections from other parties about other land the statement was revised as required by S. 10(2) and was published as required by S. 11-R. In the revised record the entry was of "Hoshram alias Khageshwar". The entry was obviously wrong; "Hoshram" was not the alias of Khageshwar, being his brother's name. Khageshwar had an alias but it was "Kharag" and not "Hoshram."

The appellant made an application expressly purporting to be one under S. 42-A of the Act saying that the entry was manifestly erroneous and should be corrected and substituted by the entry "Hoshram an



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