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SATISH CHANDRA, R. B. MISRA
Ali Khan – Appellant
Versus
Ram Prasad – Respondent
R. B. Misra, J.
1. A learned Single Judge while admitting the aforesaid appeal under Or. 41 Rule 11, CPC referred it to a larger Bench, as he was doubtful about the correctness of the decision in Smt. Rekha Singh v. The State of U. P., AIR 1973 All. 539 cited before him. This is how the present appeal has come before us.
2. ALI Khan, the appellant, was, admittedly, the sirdar of plot no. 320 area 2.52 acres. This plot was given to him in lieu of his old plot with the same area during consolidation proceedings. Ram Prasad respondent no. 1 was also a tenure holder of plot no. 321 measuring 0.65 acre, adjacent to plot no. 320 lying towards south. Plot no. 316 constitutes a chak road and belongs to the Gaon Sabha. In the consolidation map prepared by the authorities, the area of plot no. 320 was shown as 2.18 acres instead of 2.52 acres while the area of plot no. 321, belonging to respondent no. 1 was shown as .92 acre in place of .65 acre. Likewise, the area of plot no. 316 of the Gaon Sabha, lying towards the west of plot no. 321, was shown in excess by 0.8 acre than what it actually was. As a result of the incorrect map prepared by the consolidation authorities, the area of
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