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1973 Supreme(All) 410

OMPRAKASH TRIVEDI, S. K. KAUL
Gram Sabha, Kudra – Appellant
Versus
Noor Mohd. Khan – Respondent


Advocates appeared:
B.R. Gupta, Advocate, for the Petitioner; Ch. Akhtar Husain and Umesh Chandra, Advocates, for the Opposite Parties

JUDGMENT

Omprakash Trivedi, J. - These are four connected special appeals and arise from the judgment and order of a learned single Judge of this Court dated 3rd December 1969 deciding Writ Petitions Nos. 636, 637, 638 and 648 all of 1967 filed in the following circumstances :

2. The dispute between the parties relates to plot Nos. 103/1 and 106-A. In the basic year Noor Mohd. and others were recorded as grove holder of these plots. An objection under Section 9 of the U. P. Consolidation of Holdings Act (hereinafter called the Act) was filed by Salim Khan `who is respondent No. 8 of Spl. Appeals Nos. 95 and 96 of 1970 and respondent No. 1 of Spl. Appeals Nos. 97 and 98 of 1970. He claimed to be the grove holder of these plots exclusively and contested the title of persons whose names were recorded in the basic year. The Consolidation Officer upheld the 3 objection of Salim Khan hording him sole grove-holder of plot No. 106-A and cogrove-holder in grove plot No. 103/1 with Noor Mohd. and others. Two appeals were filed against this decision one by Salim Khan and another by Noor Mohd. Khan and another the settlement Officer (Consolidation) held Salim Khan to be the sole grove-holder of

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