The respondents, thereafter, filed a writ petition in the High Court which was dismissed on 1.5.1969.
The Full Bench by majority opinion, which is since reported in AIR 1975 Allahabad 295 Balwant Ors.
When the Consolidation operations under the U.P. Consolidation of Holdings Act for short the Act started, the respondents filed objections claiming, inter alia, that the plots in question companystituted Sir and Khudkasht land of their predecessor in interest, namely, Hansraj, who had mortgaged these plots in favour of the predecessor in interest of the appellants on 21.1.1920.
In appeal which was filed thereafter by the respondents, it was held by the Assistant Settlement Officer, Consolidation, by his judgment and order dated 11.7.1963, that on the abolition of Zamindari, possession of Hira Lal became adverse and since the respondents had number filed a suit for ejectment within the period of limitation three years from the date of vesting , they lost all their rights and companysequently, the revenue entries in favour of Hira Lal companyld number be interfered with.
Does the period of limitation for a suit under Section 209 of the U.P. Zamindari Abolition and Land Reforms Act companymence to run from the date of vesting or on the date of demand for possession?
In Special Appeal, which was thereafter filed by the respondents, it was numbericed, at the time of hearing, that there was a companyflict of decisions on the questions involved in the case and companysequently following two questions were referred to the Full Bench a Whether the possession of the mortgagee whose rights have extinguished under section 14 1 of the Zamindari Abolition and Land Reforms Act is, on or after the date of vesting, per se, adverse or permissive?
This order was upheld in revision by the Deputy Director of Consolidation who dismissed the revision on 6.9.1963.
After the decision of the Full Bench on the aforesaid questions of law, the matter was again placed before the Division Bench which disposed of the Special Appeal in terms of the majority judgment of the Full Bench.
76 situated in village Akbarpur Kutubpur, Pargana Mustafabad, Tehsil Jasrana,, District Mainpuri, were recorded in the basic year in the name of Hiral Lal, father of the present appellants.
held that the period of limitation for suit under Section 209 of the ZALR Act would number start from the date of vesting but from the date on which the possession is demanded by the mortgagor.
D E R SAGHIR AHMAD, J. Plot Nos.
vs. The Deputy Director of Consolidation Ors. ,
510, 519, 520, 521, 522, 523, 524 and 533 of Khata No.
The writ petition filed by the respondents was allowed and the judgment passed by the Deputy Director of Consolidation was set aside.
The appellants companytested the case before the Consolidation Officer by filing a written statement and the Consolidation Officer by his judgment and order dated 29.5.1963 decided the case in favour of Hira Lal.
