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1977 Supreme(All) 150

MOHAMMED AHMED ANSARI
Dhani Ram – Appellant
Versus
Dy. Director of Consolidation – Respondent


ORDER :- This writ petition is directed against the judgment and order of Sri R.C. Sharma, Deputy Director of Consolidation dated 16-11-1970, by which he has dismissed the revision of the writ petitioners and allowed the revision of opposite party No. 3.

2. The dispute relates to plot No. 63 measuring a bigha 5 biswa and 6 biswansis situate in village Salarpur Pargana Dewa Tahsil Nawabganj district Barabanki. It was recorded Banjar in the basic year in the village record. Earlier to the consolidation proceedings the petitioners father filed a suit for declaration of his bhumidhari rights over the prove. The suit was dismissed by Munsif Barabanki. The appeal filed by the

petitioners father was also dismissed by the Civil Judge, Barabanki. A second appeal was pending in the High Court at the time of the notification under S. 4 of the Consolidation of Holdings Act and the second appeal abated.

3. In the objection taken under S. 9 of d the U. P. Consolidation of Holdings Act the petitioners claimed to be bhumidhars of the plot in dispute stating that the plot grove was ancestral. They also claimed rights by adverse possession. Opposite party No. 3 Gaon Sabha contested the objection and a


























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