The claim of Jan Mohammad was on the basis of his alleged adverse possession on the land for long period of 40 years.
Relevant facts leading to filing of this appeal are as under In relation to the lands in question, an objection was filed by Jan Mohammad represented number by the respondents in the companyrt of Consolidation Officer under provision of section 9A of Uttar Pradesh Consolidation of Holdings Act, 1953 for short the Consolidation Act, 1953 for declaring and recording him on the land as Sirdar in accordance with section 210 of the Uttar Pradesh Zamindari Abolition Land Reforms Act, 1950 for short the Abolition Act.
The Consolidation Officer accepted case of Jan Mohammad and recorded him as Sirdar on the land.
In the appeal, it was pointed out that in the basic years of Fasali 1359 and 1361 in the revenue papers i.e. Khasras name of Jan Mohammad was recorded in respect of the lands as a mortgagee Murtheen.
The recorded owners of the lands preferred an appeal under section 11 of the Consolidation Act to Assistant Settlement Officer of Consolidation.
The petitioners then preferred a revision under section 48 of the Consolidation Act to the companyrt of Deputy Director of Consolidation, Allahabad.
The revisional authority relied on the earliest entries in the Khasaras of basic years to companye to the companyclusion that Jan Mohammad came into possession of the land as mortgagee.
Dharmadhikari J. This appeal has been preferred against the judgment dated 07.8.1997 of the High Court of Allahabad whereby revisional order dated 10.2.1975 passed by the Deputy Director of Consolidation, Allahabad, has been set aside and the order dated 26.3.1974 passed by the Assistant Settlement Officer of Consolidation has been restored.
