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Allahabad High Court · body

1988 DIGILAW 81 (ALL)

Ram Sundar v. Deputy Director of Consolidation, Allahabad

1988-01-25

K.P.SINGH

body1988
JUDGMENT K.P. Singh, J. - Heard learned counsel for the parties. The objection filed by the petitioners was beyond time, therefore, the Consolidation Officer did not give benefit to the petitioners for his claim. Against that order the appeal has been dismissed as not maintainable. The same has been confirmed by the revisional court. Aggrieved by the order of the Consolidation Authorities the petitioners have approached this Court under Article 226 of the Constitution. 2. Learned counsel for the petitioner has contended before me that two of the co-tenure holders has accepted the claim of the petitioners yet the Consolidation Authorities have taken too technical views in not affording opportunity to the petitioners to prove their claim. Technically, the judgments of the Consolidation Authorities appears to me correct. In the facts and circumstances of the present case, even if, two of the co-tenure holders accept the claim of the petitioners, there would be no valid compromise in the eye of the law because all the co-tenure holders have not accepted the claim of the petitioners, there would be no valid compromise in the eye of law because all the co-tenure holders have not accepted the claim of the petitioners. More than 20 years have passed by now, therefore, it does not appear to me that it is a fit case where interference should be made in the impugned judgment at the instance of the petitioners who were guilty of latches in preparing the objection within time. On the facts given by the learned counsel for the petitioners that the disputed property was ancestral property and thereafter by partition the disputed land fell to the shares of the petitioners, it does not appear to have sound basis in the absence of any documentary evidence regarding partition. Oral partition, is very easy to allege but very difficult to prove. Taking totality of the circumstances the claim of the petitioners does not appear to have been based upon equity. 3. In the result, the writ petition fails and is accordingly dismissed. Parties are directed to bear their own costs.