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1965 Supreme(All) 512

B. N. NIGAM, V. BHARGAVA
Puttu Singh – Appellant
Versus
Kirat Singh – Respondent


Advocates appeared:
B.P. Misra, R.N. Misra and K.M. Chak, For the Appellant / Murari Pd. Srivatava and B.S. Srivastava for Opp. Party No. 1 and Standing Counsel for Opp. Parties Nos. 2 to 5, For the Respondent

JUDGMENT

Bhargava, J. - The Petitioner in this petition under Article 226, of the Constitution, have sought the issue a writ of certiorari to quash an order made by the Joint Director of Consolidation u/s 48 of the Consolidation of Holdings Act. The question that came up for decision was whether the proceedings, which were taken by opposite party No. 1 against the Petitioners were within time"or were barred' by limitation. The Joint Director of Consolidation accepted the findings of fact which had been recorded by the Deputy Director to the effect that opposite party No. 1 was wrongfully dispossessed sometime in the year 1360F. by the Petitioners who apart from wrong fully dispossessing opposite party No. 1. were also at that time the bhumidhar of this land. Opposite party No. 1 at that time was an adhivasi of this land. With effect from the 1st of November 1954, the bhumidhari rights of the Petitioners were acquired by the State Government and opposite party No. 1 was declared its sirdar. Proceedings for possession in respect of this land were started by opposite party No. 1 on the. 1st of July, 1957. The question, that arose, was whether, if a suit had been brought u/s 209 of the

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