JUDGMENT

R.S. Pathak, J. - The petitioner, Bihari, prays for certiorari against the orders of the Settlement Officer (Consolidation) and the Deputy Director of Consolidation.

2. The petitioner alleges that the plots in dispute originally comprised part of two joint khatas held by his grand-father Jasai and one Ghure, father of Rupai, the contesting respondent, in 1322 Fasli; that in 1927 Jasai filed a suit under Section 37 of the Agra Tenancy Act, 1926 for partition of the holding which resulted in a compromise decree on March 24, 1927. Under the compromise decree the plots in dispute along with certain other plots fell to the exclusive share of Jasai. It is said that Jasai continued in exclusive possession of the plots ever since and upon his death Badal became a tenant thereto. Badal adopted the petitioner as his son and upon Badal's death, the petitioner claims to have inherited his title. The petitioner alleged that thereafter he continued in exclusive possession of the plots and his possession was confirmed by the order of the Magistrate in proceedings under Section 145 of the Code of Criminal Procedure taken during the year 1961-62 between the petitioner and Rupai.

3. In proce