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1962 Supreme(All) 276

N. U. BEG, S. N. DWIVEDI
Husain Abbas – Appellant
Versus
Brij Lal – Respondent


Advocates appeared:
K.N. Misra, Advocate, for the Appellant

JUDGMENT

N.U. Beg, J. - This special appeal is directed against the judgment of a single Judge of this Court, dated 18th September, 1962. The appellant in this appeal is Husain Abbas. There was a contest between the appellant Husain Abbas and the respondent Brij Lal in proceedings under Section 27 of the U. P. Consolidation of Holdings Act. In these proceedings the Consolidation Officer as well as the Settlement Officer (Consolidation) in appeal concurrently held that Brij Lal was in possession of the land in dispute. This concurrent finding of the two Consolidation courts was upset in revision by the Deputy Director of Consolidation under Section 48 of the U. P. Consolidation of Holdings Thereafter a writ petition was filed in this Court at the instance of Brij Lal questioning the validity of the order passed by the Deputy Director of Consolidation under Section 48 of the Act. This writ petition was allowed by a learned single Judge of this Court by a judgment, dated 18th September, 1962, and the order of the Deputy Director of Consolidation was quashed on the ground that the finding of fact arrived at by the lower Courts should not have been upset by him as it did not involve any

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