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1969 Supreme(All) 385

D. S. MATHUR, S. N. SINGH
Ghasi – Appellant
Versus
Waqf Alalaulad through Hakim Hafiz – Respondent


Advocates appeared:
Banarsi Das, Advocate, For the Appellant / K.C. Saksena, Advocate, For the Respondents

JUDGMENT

D.S. Mathur, J. - This is a Special Appeal by Ghasi against the order of the learned Single Judge allowing the writ petition of Waqf Alalaulad, respondent No. 1, and thereby not only quashing the order of the Deputy Director of Consolidation in a revision under Section 48 of the U. P. Consolidation of Holdings Act, but also restoring the order of the Settlement Officer (Consolidation) .

2. There has been considerable litigation between the contesting parties. Hamid Ali originally instituted a suit against Ghasi for declaration, permanent injunction and, in the alternative, for possession, with the allegation that he was the Bhumidhar of the disputed land, which was a grove land. It was held that the Waqf Alalaulad, and not the plaintiff, was the grove-holder of the plot in dispute. These words have been taken from the judgment of the Additional Civil Judge in an appeal preferred by Hamid All against the dismissal of his suit. Thereafter Waqf Alalaulad through Hamid All instituted another suit under Section 202 of the U. P. Zamindari Abolition and Land Reforms Act for the ejectment of Ghasi, on the ground that the plot was the intermediary's grove of Waqf Alalaulad and Ghasi

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