SALIL KUMAR RAI, J.

1. Heard counsel for the petitioner and Sri Sanjai Srivastava representing respondent no.1.

2. During the consolidation operations held in the village, a dispute arose between Nabi Bux i.e. the father of the petitioner and Abdul Shakoor i.e. deceased respondent no.1. On the basis of an alleged compromise between Nabi Bux and respondent no.1, an order dated 13.9.1973 was passed by Assistant Consolidation Officer, District Kanpur directing that the name of respondent no.1 be deleted from the records and the name of Nabi Bux be recorded as the sole tenure holder in Khata No.70. Against the aforesaid order dated 13.9.1973, Abdul Shakoor filed Appeal No. 41 of 1978 before the Settlement Officer of Consolidation, District Kanpur. The aforesaid appeal was time barred and therefore a prayer was made to condone the delay in filing the said appeal on the ground that Abdul Shakoor did not know about the order dated 13.9.1973 and the same was fraudulently passed and Abdul Shakoor had never entered into any compromise with Nabi Bux. The said appeal was dismissed by the Settlement Officer of Consolidation vide his order dated 26.10.1979 on the ground that the same was