JUDGMENT

Agarwala, J. - This is a petition Article 226 and 227 of Constitution arising (sic) under the U.P. (sic) Holdings Act.

2. The opposite party Ranjit was a Bhumidhar in village Gagaur in the district of Muzaffarnagar. He executed a deed of gift on 29-1-1953 in favour of the Petitioners. The Petitioners applied for mutation of names in the court of Tahsildar, Kairana. During the pendency of the mutation proceedings, consolidation of holdings proceedings started in the village Gagaur and in other villages of Tahsil Kairana, and the case was transferred to the authorities under the Consolidation of Holdings Act. The proceedings first came before the Assistant Consolidation Officer. He refused to mutate the names of the Petitioners on the ground that the gift deed was not a valid document. Against this order there was an appeal before the Consolidation Officer and he dismissed the appeal observing that the question of title could not be gone into in those proceedings and that the Petitioners should get the validity of the gift deed determined in a civil court.

3. Later on a statement of plots and tenure-holders was prepared and published u/s 11 of the Consolidation of Holdings Act.