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2023 Supreme(All) 1032

SAURABH SHYAM SHAMSHERY
Mata Din Singh – Appellant
Versus
D. D. C. – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: V.K. Singh, Santosh Kumar.
For the Respondents: A.C. Nishad, Anil Sharma, P.K. Singh.

JUDGMENT :

SAURABH SHYAM SHAMSHERY, J.

1. This case is arising out of consolidation proceedings of village Ratanpur Rai, Tappa Puraina, Tehsil Haraiya, District Basti.

2. The case of original petitioner (Mata Din Singh (since deceased)) was that in the basic year, name of Jairaj Singh (his father) and Ram Nihal Singh were recorded as tenure holders, whereas name of Rambadan Singh (since deceased and predecessors of original respondent nos. 4 to 7) was recorded in Clause (9) of revenue records.

3. Predecessors of contesting respondents have claimed sirdar rights on basis of their alleged continuous possession of more than 25 years.

4. During proceedings, witnesses were examined from both sides. From the side of petitioner, objector has examined himself whereas contesting respondent did not appeared before Authority and one Ramjanam Singh appeared being a mukhtare-khas of respondent Rambadan Singh and another witness Anshuman Singh also appeared for respondent. Certain revenue records were also placed by both the parties.

5. The Consolidation Officer vide order dated 24.01.1978 has rej

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