S.P. Srivastava

1. An objection filed by the opposite party second set in the proceedings under section 9 of the U. P. Consolidation of Holdings Act wherein they had challenged the basic year entry in respect of the holding in dispute standing in favour of the present petitioner was dismissed by the Consolidation Officer on 16-11-84 which order was challenged in appeal. The objector opposite party second set had challenged the basic year entry Indicated above claiming co-tenancy rights therein. The petitioner had objected to their claim and in support of his case about the sole tenancy in respect of the holding in dispute sought to rely upon an admission of the objectors in the proceedings before the Assistant Record Officer Gorakhpur giving rise to Misc. case no. 181/1940 decided on 9-1-73 wherein the objectors were alleged to have admitted the petitioner to be the sole tenant of the holding in question on the basis of a private partition which was duly given effect to in the revenue records. It appears that the objectors denied to have made any admission as claimed by the petitioner. In these circumstances, it appears, during the pendency of the aforesaid appeal an applic