S. D. Agarwala, J.

1. THIS is a petition under Article 226 of the Constitution of India arising out of proceedings under the U. P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act). The plots in dispute are 41/1, 41/2, 41/3,42/1 and 45 situated in Village Dhondhaipur, Tappa Khuriyan, Pargana Nagar West Tehsil Harraiya District Basti. In the basic-year the name of Sheo Prasad (respondent no. 3) was recorded in the revenue records. The petitioner Shiva Shanker filed an objection under section 9 (A) of the U. P. Consolidation of Holdings Act seeking that the name of the respondent no. 3 be deleted and in his place the name of the petitioner be substituted, on the allegation that the land in dispute had come down to him through a sale deed before the date of vesting and. that he had planted trees thereon and consequently he was the bhumidhar of the land in dispute. It was further alleged by him that his possession over the plots in dispute in any case was adverse to the respondent no. 3 and as such he perfected his rights by adverse-possession and consequently he should be recorded as a sirdar in place of the respondent no. 3. The Consolidation Officer by