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1996 Supreme(SC) 1548

FAIZAN UDDIN, N.P.SINGH
Ram Avtar – Appellant
Versus
Ram Dhani – Respondent


ORDER

One Sehti, the husband of Smt. Phoola died in a state of jointness in the year 1911. The said Smt. Phoola continued to be the member of the joint family along with other brothers of her husband. A dispute arose in the family and a compromise was entered into on February 8, 1932 in which it was agreed that Smt. Phoola who was the widow in the family should be given some lands for maintenance. Her name was also mutated in revenue records.

2. The said Phoola executed sale deeds in favour of the respondents on April 6, 1956 in respect of the lands in question. She died in the year 1966. Thereafter, the appellants filed a suit for declaration that Smt. Phoola having only a limited interest in the said property could not have transferred the same in favour of the respondents. That suit abated in view of issuance of the notification under the provisions of U.P. Consolidation of Holdings Act. Thereafter, the same question as to whether the transfer could have been made or not by Smt. Phoola in favour of the respondents was raised before the Consolidation Officer. The Consolidation Officer upheld the right of Smt. Phoola to transfer the lands in question. The appeal filed on behalf of t





















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