Judgment Case ID: 3580

Judgment:
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. 5475/64). A.K. Sen and E.C. Agarwala	 for the appellants M/s. J.P. 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. S.R. Appeal dis missed.

Summary:
The appellants raised an objection be.fore 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]