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1965 Supreme(All) 488

LAKSHMI PRASAD, M. C. DESAI
Thakur Sant Bux Singh – Appellant
Versus
S. G. Singh, Deputy Director of Consolidation, Lucknow – Respondent


Advocates appeared:
Standing Counsel Uma Shankar for Respondents Nos. 1 and 2, K.S. Verma, (absent) for Respondents Nos. 3 to 7, For the Respondent

JUDGMENT

Lakshmi Prasad, J. - This is a special appeal from the judgment dated January 23, 1964 of a learned single Judge of this Court dismissing the Appellant's writ petition under Article 226 of the Constitution of India.

2. The allegation of the Appellant is that he along with the widow of his brother Fateh Singh, namely, Respondent No. 8 has been the owner in possession since long of groves Nos. 985 and 1070 measuring one bigha 11 biswas and two bighas seven biswas respectively situate in village Sithauli Kalan, Tahsil Mohanlalganj, District Lucknow. He further alleges that it was on 8th January, 1960 that C.H. Form 38 was served on him when he came to know about the incorrect entries made surreptitiously by the village Lekhpal in favour of Respondents Nos. 3 to 7. According to the said entries 15 biswas of grove in plot No. 985 stands recorded in the name of Respondent No. 3 whereas one bigha four biswas of the grove in plot No. 1070 stands recorded in the name of Respondents Nos. 4 to 7. The Appellant preferred an objection under Rule 80 of the Consolidation of Holdings Rules, 1954 on 11th January, 1960 subsequent to the service of C.H. Form 38 on him on 8th January, l960. The

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