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1980 Supreme(All) 1104

K. P. SINGH
Ramdev – Appellant
Versus
Deputy Director of Consolidation, Gorakhpur – Respondent


Advocates appeared:
S.P. Tripathi, Advocate, for the Petitioners; V.B. Khare, Advocate, for the Respondents

ORDER

K. P. Singh, J. -This writ petition is against the judgment of the Deputy Director of Consolidation, Gorakhpur dated 22-7-1974 whereby the petitioners revision petition has been dismissed.

2. In the basic year the disputed plot No. 584 measuring 0.33 was recorded in the names of contesting opposite parties Lotan and Gubbi as bhumidhari. The petitioner No. 1 Ramdev and Ram Samujh father of petitioner No. 2 had filed an objection with the allegations that the disputed plot was their sir and their ancestor Harihar Dutt had mortgaged the aforesaid plot to Shital Tewari and the mortgage had been redeemed on 17-8-1949, and thereafter they continued in possession, hence their names should be recorded over the disputed plot and the names of the recorded persons should f be expunged.

3. The Consolidation Officer through his judgment dated 18-11-1972 accepted the claim of the petitioners and ordered the expunction. of the names of the contesting opposite parties. Aggrieved by the judgment of the Consolidation Officer the contesting opposite parties Nos. 3 and 4 in the present writ petition had filed an appeal which was allowed and the names of the petitioners had been expunged. Aggrieve

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