JUDGMENT Satish Chandra and Yashoda Nandan, JJ. - The Deputy Director of Consolidation has found that the petitioners are the lawful tenure-holders of the plots, in dispute, and that though the respondent No. 4 was in possession but he has not matured title as Sirdar. He directed that the petitioners be recorded as Bhumidhars and the 4th respondent be recorded as an occupant of class IX. 2. Learned counsel for the petitioners questions the second part of the order. He relied upon Lakhan v. Deputy Director of Consolidation, U.P. Ballia, 1970 A.L.J. 630, in which a learned Single judge has held that the law does not contemplate the recording in revenue records, during consolidation proceedings, names of persons in possession who have no title to the land. What is material for consolidation operation is the title to the land and not illegal possession of the same, based no title. With respect, we are unable to agree with this view point. Chapter A-WIII in Part I of the Land Records Manual deals with Khatauni. Paragraph A 124 provides for the arrangement of land within each village in the Khatauni. It reads as follows :- "A 124-The arrangement of land within each village in the Khatauni shall be as follows : Part I (1) Land Cultivated by Government or Gaon Samaj or and other local authority entrusted with management of land under Sec. 117-A of the Uttar Pradesh Zamindari Abolition and Land Reforms Act. (1-a) Land held- (a) by bhumidhars : (b) by persons who are governed by the provisos to sub-sec. (2) of Section 137 of the Zamindari Abolition and Land Reforms Act : (1-b) Land held by persons under the Government Grants Act. (2) Land held by sirdars. (1-a) Land held- (a) by bhumidhars : (b) by persons who are governed by the provisos to sub-sec. (2) of Section 137 of the Zamindari Abolition and Land Reforms Act : (1-b) Land held by persons under the Government Grants Act. (2) Land held by sirdars. (3) Land held by asamis who occupied or held land (a) as non-occupancy tenants of pasture land, or of land covered by water and used for the purpose of growing singhara and other produce, or land in the bed of a river and used for casual or occasional cultivation on the date immediately preceding the date of vesting; (b) as non-occupancy tenants of land which the State Government had, before the date of vesting, declared by notification in the Gazette as part of a tract of shifting and unstable cultivation; (c) as non-occupancy tenants of land which the State Government had, before the date of vesting, declared by notification in the Gazette to be intended or set apart for taungva plantation or community orchard or village farm or trenching grounds belonging as such to a local authority. (d) on being admitted, on or after the date of vesting, by the Gaon Samaj, as a lessee of land mentioned in sub-clauses (a) to (c) above; (e) as thekedars who became asamis, under the proviso to sub-sec. (3) of Section 13 of the U.P. Zamindari Abolition and Land Reforms Act, 1950. (4) land held as occupiers without title when there is no one already recorded in column 4 of the Khasra. (5) Culturable land- (i) new fallow; (ii) old fallow; (iii) culturable waste- (a) forests classed or administered as "forest" under any legal enactment dealing with forests; (b) other forests- (1) of timber trees; (2) of other trees, shrubs, bushes, etc.; (c) permanent pastures and other grazing lands; (d) thatching grass and bamboo bushes; (e) other culturable waste. (6) Barron land- (i) covered with water; (ii) sites, roads, railways, buildings and other lands put to non-agricultural uses; (iii) graveyards and cremation grounds other than those included in land held by tenure-holders or in the abadi area; (iv) otherwise barren. (6) Barron land- (i) covered with water; (ii) sites, roads, railways, buildings and other lands put to non-agricultural uses; (iii) graveyards and cremation grounds other than those included in land held by tenure-holders or in the abadi area; (iv) otherwise barren. Part II (7) Land held by asamis who occupied or held land (a) as non-occupancy tenants of intermediary's grove on the date immediately preceding the date of vesting; (b) as sub-tenants of grove land on the date immediately preceding the date of vesting; (c) as sub-tenants under the proviso to sub-sec. (3) of Section 27 of the U.P. Tenancy (Amendment) Act, 1947 on the date immediately preceding the date of vesting; (d) as mortgagees from persons belonging to any of the classes mentioned in clauses (I) to (IV) of Section 19 of the U.P. Zamindari Abolition and land Reforms Act, 1950; (e) as persons to whom sir or khudkasht was allotted by the holder thereof in lieu of maintenance allowance, as provided in Section 11 of the U.P. Zamindari Abolition and Land Reforms Act, 1950: (f) as thekedars who cultivated, on the date immediately preceding the date of vesting, land which was sir or khudkasht of the lessor as provided in clause (a) of sub-sec. (2) of Section 13 of the U.P. Zamindari Abolition and Land Reforms Act, 1950; (g) as tenants of sir land mentioned in clause (h) of sub-sec. (1) of Sec. 21; (h) as a lessee holding under a lease from a court under Section 252 (1) of the U.P. Tenancy Act, 1939; (i) an occupant of grove land referred to in Section 21 (2) of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950; (j) on being admitted, in accordance with the provisions of the U.P. Zamindari Abolition and Land Reforms Act, 1950, by a bhumidhar or sirdar as lessee of land compromised in his holding. (8) Land held by adhivasis- (9) Occupiers of land without the consent of the person entered in column 4 of the khasra." It will be seen that class IX is of occupiers of land without the consent of the person entered in column 4 of the Khasra. In accordance with this provision, the 4th respondent was recorded as an occupant of class IX. The Consolidation Officer directed that this entry be expunged. The Deputy Director has, however, reversed that order. 3. In accordance with this provision, the 4th respondent was recorded as an occupant of class IX. The Consolidation Officer directed that this entry be expunged. The Deputy Director has, however, reversed that order. 3. Under Section 7 of the Consolidation of Holdings Act the village map of the unit, which is under consolidation operation. is revised. Under Section 8 (1) the field-book and the current annual register is tested and verified and then revised. Under sub-sec. (2) of Section 8 the Deputy Director of Consolidation has to prepare a Khasra-chakbandi in the prescribed form, in respect of all the plots falling in the unit. Form 2-A relates to Khasra-chakbandi. In column 8 of this form, names of the person in possession, if any, shown in the remarks column of the basic Khasra is entered. Column 9 of this form has to give the details of disputes of possession with period of possession claimed and its basis. These two columns cover the case of person in possession without title. His name has to be shown in the Khasra Chakbandi along with any dispute, if any, with any other interested person. Under Section 9 the Assistant Consolidation Officer sends notices to the tenure-holders and other persons interested, containing relevant extracts, inter alia, from the current annual register, which means the Khatauni. Under sub-sec. (2) of Section 9, any person interested within the prescribed time can file an objection, before the Assistant Consolidation Officer, disputing the correctness or nature of the entries in the records or extracts furnished therefrom. The Annual Register (the Khatauni) , in view of the provision of the land Records Manual, has to mention the occupants of the land in possession without the consent of the person entered in column 4 of the Khasra as occupant of class IX. The Khasra chakbandi also records the name of such an occupant. Any interested person can file an objection to such an entry. The objection is to be decided under Sec. 9-B. It is, thus, not quite correct to say that under Sec. 9-B only the rights of the parties alone have to be determined. The Khasra chakbandi also records the name of such an occupant. Any interested person can file an objection to such an entry. The objection is to be decided under Sec. 9-B. It is, thus, not quite correct to say that under Sec. 9-B only the rights of the parties alone have to be determined. If at such an enquiry it is found that a person is in actual occupation of the land, though without the consent of the tenure holder, then, even though the name of the tenure holder will be recorded in the appropriate column, the name of the person who is in such possession will also be recorded as an occupant of class IX. 4. This serves a definite purpose in the Scheme of the Consolidation of Holdings Act. Under Section 28 of this Act, the Assistant Consolidation Officer, has to deliver actual physical possession of the chak or lands allotted to the tenure holder. Under the proviso, the delivery of possession does not affect the right of the person from whom possession is transferred to tend and gather the crops standing on such chaks or land or part thereof on the date of the delivery. Under the second proviso, the person tending and gathering the standing crop is liable to pay the person, who has been allotted the chak, compensation for the use of the land at such rate and in such manner as is prescribed. The recording of the name of the person who is in illegal possession helps in identifying the person from whom the Consolidation Officer will take possession at the time of its delivery to the tenure holder who has been allotted that land. It also facilitates the recovery of compensation by the allottee. It will, thus be seen that the recording of the name of such an occupant does sub-serve a definite purpose in carrying out the provisions of the Consolidation of Holdings Act. In our opinion, Lakhan's case, 1970 A.L.J. 630 does not lay down the law correctly. 5. The Deputy Director's order does not suffer from any manifest error of law. The petition is accordingly rejected.