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2021 Supreme(All) 828

JASPREET SINGH
Lalta Prasad – Appellant
Versus
Haunsla Prasad – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: S K Mehrotra, Rakesh Kumar Srivastava
For the Respondent: R.K. Srivastava, C S C,

JUDGMENT :

1. The instant writ petition calls in question the judgment and order passed by the Consolidation Officer in Case No. 165 under Section 9-A(2) of the Uttar Pradesh Consolidation of Holdings Act, 1953 (hereinafter referred to as 'U.P.C.H. Act, 1953') dated 30.04.1970 whereby the claim of the petitioners relating to co-tenancy rights in respect of base year Khata No. 123 and 141 was rejected. The petitioner preferred an appeal before the Settlement Officer of Consolidation which also was rejected by means of judgment and order dated 07.09.1974. The effort of the petitioner to challenge the aforesaid two judgments as mentioned above before the Deputy Director of Consolidation by filing a Revision under Section 48 of the U.P.C.H. Act of 1953 ended in an unsuccessful endevour.

2. Being faced with three such judgments, the petitioner have invoked the jurisdiction of this Court under Article 226 of the Constitution of India wherein by means of order dated 07.11.1978, the petition was admitted and the operation of the impugned orders was stayed.

3. During the pendency of the petition, the original petitioner Lalta Prasad expired so also the private respondent nos. 1, 5, 6, 8, 10, 1

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