JUDGMENT

Satish Chandra and Yashoda Nandan, JJ. - The Deputy Director of Consolidation has found that the petitioners are the lawful tenure-holders of the plots, in dispute, and that though the respondent No. 4 was in possession but he has not matured title as Sirdar. He directed that the petitioners be recorded as Bhumidhars and the 4th respondent be recorded as an occupant of class IX.

2. Learned counsel for the petitioners questions the second part of the order. He relied upon Lakhan v. Deputy Director of Consolidation, U.P. Ballia, 1970 A.L.J. 630, in which a learned Single judge has held that the law does not contemplate the recording in revenue records, during consolidation proceedings, names of persons in possession who have no title to the land. What is material for consolidation operation is the title to the land and not illegal possession of the same, based no title. With respect, we are unable to agree with this view point. Chapter A-WIII in Part I of the Land Records Manual deals with Khatauni. Paragraph A 124 provides for the arrangement of land within each village in the Khatauni. It reads as follows :-

"A 124-The arrangement of land within each village in the Khatauni shall be as follows :

Part I

(1) Land Cultivated by Government or Gaon Samaj or and other local authority entrusted with management of land under Sec. 117-A of the Uttar Pradesh Zamindari Abolition and Land Reforms Act.

(1-a) Land held-

(a) by bhumidhars :

(b) by persons who are governed by the provisos to sub-sec. (2) of Section 137 of the Zamindari Abolition and Land Reforms Act :

(1-b) Land held by persons under the Government Grants Act.

(2) Land held by sirdars.

(3) Land held by asamis who occupied or held land

(a) as non-occupancy tenants of pasture land, or of land covered by water and used for the purpose of growing singhara and other produce, or land in the bed of a river and used for casual or occasional cultivation on the date immediately preceding the date of vesting;

(b) as non-occupancy tenants of land which the State Government had, before the date of vesting, declared by notification in the Gazette as part of a tract of shifting and unstable cultivation;

(c) as non-occupancy tenants of land which the State Government had, before the date of vesting, declared by notification in the Gazette to be intended or set apart for taungva plantation or community orchard or village farm or trenching grounds belonging as such to a local authority.

(d) on being admitted, on or after the date of vesting, by the Gaon Samaj, as a lessee of land mentioned in sub-clauses (a) to (c) above;

(e) as thekedars who became asamis, under the proviso to sub-sec. (3) of Section 13 of the U.P. Zamindari Abolition and Land Reforms Act, 1950.

(4) land held as occupiers without title when there is no one already recorded in column 4 of the Khasra.

(5) Culturable land-

(i) new fallow;

(ii) old fallow;

(iii) culturable waste-

(a) forests classed or administered as "forest" under any legal enactment dealing with forests;

(b) other forests-

(1) of timber trees;

(2) of other trees, shrubs, bushes, etc.;

(c) permanent pastures and other grazing lands;

(d) thatching grass and bamboo bushes;

(e) other culturable waste.

(6) Barron land-

(i) covered with water;

(ii) sites, roads, railways, buildings and other lands put to non-agricultural uses;

(iii) graveyards and cremation grounds other than those included in land held by tenure-holders or in the abadi area;

(iv) otherwise barren.

Part II

(7) Land held by asamis who occupied or held land

(a) as non-occupancy tenants of intermediary's grove on the date immediately preceding the date of vesting;

(b) as sub-tenants of grove land on the date immediately preceding the date of vesting;

(c) as sub-tenants under the proviso to sub-sec. (3) of Section 27 of the U.P. Tenancy (Amendment) Act, 1947 on the date immediately preceding the date of vesting;

(d) as mortgagees from persons belonging to any of the classes mentioned in clauses (I) to (IV) of Section 19 of the