Hon’ble Salil Kumar Rai, J.—Heard Shri M.K.S. Chandel, Advocate, holding brief of Shri V.K.S Chandel, learned counsel for the petitioner as well as learned counsel for the heirs of respondent No. 2 and learned Standing Counsel representing respondent No. 1.

2. The dispute in the present case and in the consolidation proceedings from which the present case arises relates to Plot No. 1621/826 (hereinafter referred to as, ‘disputed plot’) in Khata No. 198. The petitioner was recorded as a tenure holder of the disputed plot in the basic year Khatauni. However, in the same document, respondent No. 2 was also recorded as an Asami of the disputed plot. It is also apparent from the revenue records filed in the Courts below that in the Khatauni of 1359 Fasli, the petitioner was recorded as Ziman 6 i.e. Class (6) holder of the land and respondent No. 2 was recorded as an occupier of land without the consent of person entered in Column 5 of the Khasra i.e. without the consent of the petitioner and the possession of respondent No. 2 was categorized as Ziman 20 i.e. Class (20). The aforesaid facts are not disputed and appear to have been admitted before the Courts below.

3. During the c