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1980 Supreme(All) 649

M.N.SHUKLA
Jamuna Prasad – Appellant
Versus
Deputy Director of Consolidation – Respondent


Advocates:
Advocate Appeared:
For the Appellant : J.N. Dubey, adv
For the Respondent: Bhuneshwar Prasad and S.C., adv

JUDGMENT :

M.N. Shukla, J.

The writ petition arises out of U.P. Consolidation of Holdings Act (herein-after referred to as the Act) and is directed against the order of the Deputy Director of Consolidation, Agra, dated 19th July, 1978, allowing the revision filed by Respondent No. 2 Shree Chand and others.

2. In the basic year plot No. 602/2 was recorded in the name of Respondent No. 2 Shree Chand and others. Hence, the Petitioner filed an objection u/s 9-A of the Act claiming that he had been in continuous possession over the land in dispute for more than 20 years and as such he had perfected his sirdari rights u/s 210 of the UP ZA and LR Act. The Respondent contested the objection on the ground that the land in dispute had never been in possession of the Petitioner and the entries of his possession were incorrect. It was alleged that since the Petitioner had never been in possession of the said land the question of his acquiring rights as sirdar u/s 210 of the UP ZA and LR Act did not arise. The Consolidation Officer accepted the Petitioner's objection. The Respondent preferred an appeal which was also dismissed. Consequently, the aforesaid Respondent preferred a revision which was







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