Civil Appeal No 1643 of 1968
From the Judgment and Order dated 19 8 1965 of the Allahabad High Court in CiVil Misc
Writ No 547564
AK Sen and EC Agarwala for the appellants Ms JP Goyal  Pal Singh for respondents Nos 1 7
The Judgment of the Court was delivered by KHANNA J
This appeal on certificate is against the order of Allahabad High Court whereby that Court dismissed in limine the writ petition filed by the appellants seeking a writ of certiorari to quash the order dated June 15 1964 of the Settlement officer and the order dated September 17 1964 of the Deputy Director of Consolidation of Holdings
The dispute between the parties relates to khata No 50
The appellants raised objection before the consolida tion authorities on the ground that they along with the respondents were joint tenants in Khatas Nos 150 369 and 391
The Consolidation Officer rejected the claims of the appellants in respect of khatas Nos 369 and 391
He howev er held that the appellants were joint tenants along with the respondents in khata
No 150
The respondents went up in appeal against the order of the Consolidation Officer in so far as had held that the appellants were joint tenants in khata No 150 Cross objections were filed by the appellants in respect of the disallowance of their objection regarding khata Nos 369 and 391
The 637 cross objections of the appellants were dismissed by the Settlement Officer on the ground that they were barred by time
So far as khata No 150 is concerned the Settlement Officer held that the appellants were not joint tenants in that khata
The appeal filed by the respondents was conse quently allowed and the objection filed by the appellants before the Consolidation Officer was dismissed in toro
The order of the Settlement Officer in this respect is dated June 15 1964
The appellants then went up in revision but the revision was dismissed by the Deputy Director of Consolidation as per order dated September 17 1964
The appellants thereafter filed the writ petition for a writ of certiorari to quash the orders dated June 15 1964 and September 17 1964
The said petition as stated above was dismissed
We have heard Mr Sen on behalf of the appellants and Mr Goyal behalf of the respondents and are of the opinion that there is no merit in this appeal
The question with which we are concerned is whether the appellants are joint tenants in khata No 150 along with the respondents
In this respect we find that the Settlement Officer examined the entries in the revenue records
It was found that so far as the land in dispute is concerned it was held in Fasli 1280 by Hriday Singh who was the common ancestor of the parties
In 1307 Fasli Himmat Singh an ancestor of the appellants and Suraj Mall an ancestor of the respondents jointly held that land
Subsequent to that the land in dispute was held exclusively by the respondents and their ancestors
The Settlement Officer inferred from these circnmstances that subsequent to 1307 Fasli there was some partition between the parties or some other arrangement similar to partition as a result of which the land in dispute fell to the share of the respondents
As this finding of the Settlement Officer is essentially a finding of fact and was arrived at after consideration of the relevant entries in the revenue records the same cannot be interfered with in a writ petition
It may be that some other view and what according to Mr Sen was a better view could have been arrived at on the facts but the position in law is clear that the High Court in a writ petition cannot interfere with a finding of fact as long as that finding is based upon the relevant circumstances and is not shown to be perverse
We find no such infirmity in the finding arrived at by the Settlement Officer
The finding was not also interfered with when the appellants went up in revision before the Deputy Director of Consolidation
The High Court in the circumstances cannot be said to be in error in dismissing the writ petition in limine
We may add that Mr Goyal during the course of arguments has not disputed the proposition that the respondents are not entitled to any share in the land which is exclusively held by the appellants and is recorded exclusively in their
names in the revenue records of 1346 Fasli
As a result of the above the appeal fails and  is dismissed but in the circumstances with no order as to costs
SR Appeal dis missed


Summary:
The appellants raised an objection before the consoli dation authorities claiming joint tenancy with the respond ents in respect of khatas 150 369 and 391 which was re jected except in respect of khata 150
The respondents filed an appeal against the orders relating to khata 150
The appellants filed cross appeals in respect of khata 369 and 391 and cross objection in respect of khata No 150
The Settlement Officer rejected the cross appeals as time barred and allowed the respondents  appeal holding that the appellants were not joint tenants in khata No 150
Since the revision before the Deputy Director of Consolidation failed the appellants filed a writ petition for a writ of certiorari which was dismissed in limine
Dismissing the appeal by certificate the Court HELD The position in law is clear that the High Court in a writ petition cannot interfere with a finding of fact as long as that finding is based upon the relevant circum stances and is not shown to be perverse
In the instant case the finding of the Settlement Officer is essentially a finding of fact and was arrived at after consideration of the relevant entries in the revenue re cords the finding was not also interfered with in revision and the
same cannot be interfered with in a writ petition
637F G