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1966 Supreme(All) 235

NASIRULLAH BEG, R. N. SHARMA
Ram Pyare – Appellant
Versus
Sarjoo Deen – Respondent


Advocates appeared:
K. S. Varma and B. L. Shukla, holding brief, for the Petitioner; Mohd. Husain, Advocate, for the Opposite Parties Nos. 1, 2 and 4; Standing counsel (Absent), for the Opposite Party No. 5

JUDGMENT

Nasirullah Beg, J. - This writ petition has been filed by Ram Pyarey. It arises out of proceedings under Sec. 12-B of the U.P. Consolidation of Holdings Act as it stood prior to its amendment by U.P. Act VIII of 1963. Act VIII of 1963 came into force on the 8th of March, 1963 and will be referred to hereinafter as the Amendment Act. The Amendment Act deleted Sec. 12-B of the Act as it stood prior to the Amendment Act. Sec. 12-B provided for partition of joint holdings and Sec. 12-C provided for appeals against the orders passed under Sec. 12-B. In the present case the facts as stated by the learned counsel for the petitioner are that the petitioner had filed an objection under Sec. 12-B that the names of opposite parties 1 to 4 were wrongly recorded. This objection was dismissed by the Consolidation Officer on the 2nd of November, 1963. The petitioner thereafter filed an appeal before the Settlement Officer (Consolidation) under Sec. 12C of the Act as it stood prior to the Amendment Act. The Settlement Officer (Consolidation) dismissed it on the 24th of December, 1963. Thereafter the petitioner filed a revision which was dismissed by the Deputy Director of Consolidation by

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