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2020 Supreme(All) 1317

B.K.NARAYANA
Ram Deo – Appellant
Versus
D. D. C. – Respondent


Advocates Appeared:
For the Appellant : Sankatha Rai, Ashok Kumar, Pradeep Kumar Rai and Rajesh Rai
For the Respondent: S.C., A.K. Rai and V.K. Singh

ORDER :

B.K. Narayana, J.

1. Heard Sri Pradeep Kumar Rai, assisted by Sri Rajesh Rai, learned counsel for the petitioner and Sri Vishnu Singh assisted by Sri Narendra Shanker, learned counsel for the respondents.

2. Brief facts of the case are that in the basic year, khatauni respondent nos. 3 to 7 were recorded as bhumidhar of plot No. 4660, area 0-18-4, situate in village-Pachokhar, Pargana-Jamania, district-Ghazipur (hereinafter referred to as the disputed plot) and the name of petitioner's father was recorded in Zaman-9. Two sets of objections were filed under Section 9-A (2) of the U. P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the 'C. H. Act') before the Consolidation Officer. The first objection was filed by the petitioner alleging that he was in possession over the disputed plots since long and he had been cultivating the same by amalgamating his own plot No. 4661 with the two plots. Since long therefore, the petitioner had acquired sirdari rights in the disputed plot on the basis of adverse possession over the disputed plot. The said objection was registered as Case No. 3551. The other objection was filed by the respondent nos. 4 to 7 claiming that they

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