The Sub Divi sional Officer found that Wali Mohammad was in possession of the said plots since the redemption of the said mortgage and dismissed the suit of Ram Kumar.
The learned Single Judge of the High Court, after hearing the arguments in the said writ petition, allowed the same and quashed the order of the Board of Revenue on the ground that the Board of Revenue had companymitted an error of juris diction.
On second appeal, the Board of Revenue set aside the deci sion of the Sub Divisional Officer and the Additional Com missioner and held that the entry in the Khasra to the effect that Ram Kumar was the occupant of the said plots in Khasra of Fasli Year 1356 was sufficient to companyfer Adhivasi rights on him and numberfurther inquiry was called for to ascertain whether the said entry was companyrect or wrong.
On December 28, 1953 Ram Kumar moved an application under section 232 of the P., Zamindari Abolition and Land Reforms Act, 1950 here inafter referred to as the said Act , for getting posses sion of the said two plots from Wali Mohammad On the ground that his name was recorded in the Khasra and Khatauni of 1356 Fasli and, therefore, he was the Adhivasi of the said plots.
The said appeal was allowed by a Division Bench of the said High Court.
This was companytested by Wali Mohammad.
Ram Kumar preferred a Letters Patent Appeal against the said decision of the learned Single Judge.
From the Judgment and Order dated 30.11.1971 of the Allahabad High Court in Special Appeal No.
According to Wali Mohammad, he redeemed the said mortgage and took possession of the said plots in the begin ning of Fasli Year 1354 period from 1.7.
Wali Mohammad filed a writ petition in the Allahabad High Court, challenging the aforesaid decision of the Board of Revenue.
3 is the Board of Revenue, Allahabad.
That decision was companyfirmed by the Additional Commissioner on appeal holding that the entry in the Khasra relied on by Ram Kumar was fictitious.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Respondents Nos.
491 of 1963.
Respondent No.
On May 22, 1928 Wali Mohammad executed a usufructuary mortgage in favour of Ram Kumar and Shiv Kumar in respect of two plots.
Uma Dutt for the Appellants.
1443 of 1972.
The Judgment of the Court was delivered by KANIA, J. The appellants before us are the heirs and legal representatives of one Wali Mohammad.
1 and 2 are the sons of one Ram Kumar.
Ms. Rachna Gupta for Bagga for the Respondents.
