JUDGMENT

S.N. Singh, J. - This petition under Art. 226 of the Constitution arises out of consolidation proceedings. Smt. Kulsum Bibi, the grand-mother of the petitioners, executed a Waqf-alal-aulad in the year 1930 in respect of her Zamindari property by a registered document. On the admitted case of the parties, she became ex-proprietory tenant of her Sir plots. It appears that Smt. Kulsum Bibi executed a Thekanama in favour of one Abdul Hasan in the year 1940 for a period of ten years. In this Thekanama she gave Abdul Hasan right to let out plots given to him. The plots in dispute were described as Sir and Khud Kasht of Smt. Kulsum Bibi. The period of the Thekanama expired in the year 1950. It appears that during the term of Thekanama Abdul Hasan admitted the contesting opposite parties to occupy the land in dispute. There are Qabuliats on the records which would show that the contesting opposite parties, who previously were cultivating the disputed land on Batai rent, agreed to pay cash rent to Abdul Hasan by executing Qabuliats in his favour in May 1949.

2. Consolidation started in the village in dispute. In the basic year the contesting opposite parties were recorded as Sirdars