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2023 Supreme(All) 1451

J. J. MUNIR
Godawari Devi – Appellant
Versus
D. D. C. Deoria – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Shashi Nandan, Udayan Nandan.
For the Respondents: R.C. Singh, Shriprakash Shrivastava.

JUDGMENT :

J.J. MUNIR, J.

1. This writ petition arises out of title objections under Section 9-A (2) of the Uttar Pradesh Consolidation of Holdings Act, 1953 (for short ‘the Consolidation Act’) decided by the statutory Authorities against the petitioner.

2. The dispute in this petition is about the title to Plot No. 337/2 (new Plot No. 484) of Khata No. 706, admeasuring 1.66 acres, situate in Village Jungle Belwa, Tappa Chaura Badgaon, Tehsil Padrauna, District Kushinagar (earlier District Deoria). The aforesaid property shall hereinafter be referred to as ‘the property in dispute’. The petitioner, Godawari Devi, claims herself to be the sirdar of the property in dispute on ground that she has been in continuous possession since before the abolition of zamindari, holding the said property on the basis of a patta dated 28.12.1950, executed in her favour by the erstwhile zamindar.

3. It is also the petitioner’s case that taking her possession to be unlawful, proceedings for eviction were initiated against her under Section 122-B of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (for short ‘the Z.A. & L.R. Act’) on a report of the Lekhpal before the Tehsildar, Padrauna.

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