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1964 Supreme(All) 455

H. C. P. TRIPATHI
Onkar Nath – Appellant
Versus
Consolidation Officer – Respondent


Advocates appeared:
S.C. Khare, Advocate, for the Petitioner; S.C, For the Respondents

JUDGMENT

H.C.P. Tripathi, J. - These petitions raise a question regarding the interpretation of rule 177 of the U.P. Zamindari Abolition and Land Reforms Rules and para 79, sub-paragraph (7) of the U.P. Gaon Samaj Manual.

The petitioners in the writ petitions nos. 3384 and 3387 of 1963 are the residents of village, Baraigarh in the district of Kanpur. They were allotted by the Land Management Committee of the village certain plots of land in accordance with rules and the Chairman of the Committee executed leases in their favour which were got registered. As the village was taken under consolidation operations the petitioners claimed before the Consolidation Officer on the basis of the registered leases in their favour that they had been in cultivatory possession of the plots and that they should be entered as Bhumidhars of the plots in whose name should be expunged from the records.

2. On behalf of the Gram Samaj the Lekhpal objected to the entry of the petitioners' name in respect of the plots on the ground that the lease "in their favour were illegal and invalid" and no rights could accrue to them on the basis of those leases. Evidence was led on behalf of the petitioners that on

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