Appeals were taken to the learned Additional District Judge who by order dated 8 12 1962 disagreed with the learned Civil Judge on the main question but affirmed his order of remand on the ground that in the Award many questions were left undetermined.
Appeal by Special Leave from the Judgment and Order dated 7 1 69 of the Allahabad High Court in Civil Revision No.
Bhagwati Singh and others were held to be the Sirdars of the plots in question.
He set aside the Award and remitted it back to the arbitrator for reconsideration in the light of his judgment.
On companysideration of the oral and documentary evidence adduced before him he rejected the claim of ex Zamindars and decided the matter in favour of the ex Thekedars.
Shri Kailash Chandra, an Assistant Collector, was appointed as an Arbitrator.
The Zamindari vested under the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, hereinafter called the Act, on the 30th of June, 1952.
Disputes arose between the ex Zamindars and the ex Thekadars during the pendency of the proceedings under the U.P. Consolidation of Holding Act.
Both sides filed separate revisions before the High Court.
Noorul Hasan and others filed objections to the Award before the Civil Judge.
506 510 and 548 552/65.
The Civil Judge sent the matter for decision to an Arbitrator appointed under the Act as the dispute gave rise to the question of title.
P. Goyal and S. K. Jain for the Appellant.
K. Garg, V. J. Francis and D. K. Garg for Respondent No.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Noorual Hasan Khan and others claimed that the plots in dispute being their exclusive Sir and Khudkasht would be deemed to have been settled with them by the State on the abolition of the Zamindari and their names should be recorded as bhumidars thereof.
Noorul Hasan Khan and others were the Zamindars of the village in which certain lands were given in Theka to Bhagwati Singh, Ram Prasad Singh and others on the 6th of March, 1948.
When entries in the list of tenancy holders were published under section 11 of the Consolidation of the Holdings Act relating to the lands in dispute companysisting of several plots, objections were filed by both the parties.
The Consolidation Officer referred the matter to the Civil Judge of Azamgarh in accordance with section 12 of the Consolidation of Holdings Act.
The Judgment of the Court was delivered by UNTWALIA, J. This is an appeal by special leave from the judgment of the Allahabad High Court disposing of ten companynected civil revisions.
On the other hand Bhagwati Singh and others claimed that they had become the Sirdars of the plots in dispute and they resisted the claim of the ex Zamindars.
He allowed the objections on the ground that the illegality of the Award was apparent on the face of it in as much as the Arbitrator did number apply the companyrect law in determining the rights of the parties.
1951 of 1969.
