IMPORTANT POINT
A claimant must demonstrate lawful possession to acquire rights as 'adhivasi' or 'sirdar'; mere occupation without rights does not suffice under the U.P.C.H. Act and U.P.Z.A. & L.R. Act.

JUDGMENT :

CHANDRA KUMAR RAI, J.

1. Heard Mr. Upendra Nath Yadav, learned counsel for the petitioner, Mr. Raghvendra Pratap Singh, Advocate holding brief of Mr. Abhishek Kumar Tripathi, learned counsel for the contesting respondent and Mr. Tarun Gaur, learned Standing Counsel for the State-respondents.

2. Brief facts of the case are that plot no. 376 & 377 situated at Village- Narainpur, Manwarpara, Pargana- Nagar West, Tahsil- Haraya, Basti was recorded in the name of respondent nos.2 & 3, namely, Prabhakar Singh & Sudhakar Singh sons of Uma Shankar Singh in the basic year of consolidation operation. Petitioner nos.1, 2 & 3 filed objection under Section 9-A (2) of Uttar Pradesh Consolidation of Holdings Act, 1953 (hereinafter referred to as “U.P.C.H. Act”) in respect to plot no. 377 and petitioner nos.4 to 7 filed objection in respect to plot no. 376 alleging that they are Shikami tenant of Ram Anjor Singh and after date of vesting they became Adhivasi later on Sirdar. It is further alleged that right of main tenant extinguished before he executed sale deed dated 3.1.1963 in favour of respondent nos.2 & 3 and petitioners continued in possession since prior to the date of vesting till the start of consolidation operation hence name of respondent nos.2 & 3 be expunged and petitioners be recorded as Sirdar of the plot in question. The suit under Section 229B of Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as “U.P.Z.A. & L.R. Act) filed by petitioners were ultimately abated. Respondent nos.2 & 3 claimed right of bhumidhar on the basis of sale deed executed on 31.1.1963 by Ram Anjor Singh. The issues were framed before Consolidation Officer and parties lead evidence in support of their cases. Consolidation Officer vide order dated 8.9.1975 disposed of the objection directing to record the name of petitioners as Sirdar declaring their share after expunging the name of respondent nos.2 & 3. Appeals under Section 11 (1) of U.P.C.H. Act were filed by respondent nos.2 & 3 against the order of Consolidation Officer dated 8.9.1975 which were registered as Appeal Nos.73 & 74. Settlement Officer of Consolidation vide order dated 21.11.1980 dismissed the aforementioned appeals. Respondent nos.2 & 3 filed two revisions under Section 48 of U.P.C.H. Act against the order of Settlement Officer of Consolidation which were registered as Revision No. 498 & 499. The aforementioned revisions were heard and allowed vide order dated 2.11.1981 setting aside the orders of Consolidation Officers and Settlement Officer of Consolidation as well as declared the respondent nos.2 & 3 as bhumidhar of the plot in question hence this writ petition on behalf of the petitioners challenging the impugned revisional order dated 2.11.1981 passed by respondent no. 1/ Deputy Director of Consolidation, Basti.

3. This Court admitted the writ petition on 1.12.1981 and stayed the operation of the impugned order dated 2.11.1981. On the stay vacation application filed on behalf of respondent nos.2 & 3, the interim order dated 1.12.1981 was confirmed subject to condition that the petitioners shall deposit Rs.750/- annually till the decision of the writ petition. According to petitioners they are depositing Rs.750/- annually till date.

4. Learned counsel for the petitioners submitted that the petitioners acquired Adhivasi & Sirdari right after the date of vesting and right of Ram Anjor (main tenant) came to an end, as such, Ram Anjar had no right to execute the sale deed in favour of respondent nos.2 & 3 in respect to plot in question. He further submitted that no case has been setup by contesting respondents that the petitioners are mortgage hence entry of Bil Ewaj Sood was fictitious. He further submitted that the petitioners actual cultivatory possession in respect to the plot in question is fully proved from the entry of 1359 fasli, as such, petitioners Adhivasi right & Sirdari right after date of vesting is fully established. He further