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1965 Supreme(All) 531

R. S. PATHAK
Kr. Sarjeet Singh – Appellant
Versus
Dy. Dir. of Consolidation, U. P – Respondent


Advocates appeared:
S.N. Kakkar, Advocate, for the Petitioners; N.C. Rajvanshi, Advocate, for the Opp. party No. 4

JUDGMENT

R.S. Pathak, J. - In proceedings for correction of records under Section 8 of the U.P. Consolidation of Holdings Act an objection was filed by the petitioners claiming certain plots in khata no. 2 as belonging exclusively to them. The claim was made on the basis of a family settlement. The Revenue records set out the names of particular co-tenants against the plots comprised in khata no. 2. None of them contested the claim of the petitioners except the 4th respondent Inderjit Singh. He appeared and asserted that he was a co-tenure holder and the claim by the petitioners could not be sustained by the settlement alleged by them. He urged that no effect had been given to the settlement and he was not a party to it. The Consolidation Officer accepted the case set up by the petitioners, and directed that all the names except those of the petitioners should be expunged.

2. An appeal was filed by Inderjit Singh before the Settlement Officer (Consolidation), and that appeal was dismissed. He then preferred a second appeal to the Deputy Director of Consolidation, who allowed the appeal and remanded the case for decision according to law. Upon remand the Settlement Officer (Consolida

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