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1982 Supreme(All) 594

R.M.SAHAI
Musai – Appellant
Versus
Deoraj – Respondent


JUDGMENT

R. M. Sahai, J.

1. IN basic year records prepared under U. P. Consolidation of Holdings Act both petitioner and opposite parties were entered as co-tenants over Khata nos. 132 and 115 which comprises of fourteen plots. Both parties filed objection u/S. 9 and claimed to be exclusive tenant of entire khata. The objection of petitioner is understandable but the claim of opposite parties for all the plots was wholly misconceived as shall be clear by the facts which shall be narrated hereafter. It is not disputed that petitioners ancestors were occupancy tenants of all the 14 plots. Some of these plots were mortgaged with ancestor of opposite parties. IN 1909 suit for redemption and possession was filed. It was dismissed as barred by time. Probably as a consequence in it mutation proceedings started which were compromised in 1926 and it was agreed that apart from plots in respect of which suit for redemption was dismissed opposite party shall be entered over plot no. 946. Since then, that is, 1926 both petitioner and opposite parties are entered as co-tenants. The Consolidation Officer held petitioners to be sole sirdar of 8 plots but in respect of six plots, which according to C





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