Judgment

TULZAPURKAR, J.:- This appeal by certificate raises a short question as to whether a transfer by way of sale of gift in contravention of S. 154 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as "the Act") is void or voidable to the extent of area in excess of the limit of 12 1/2 acres prescribed therein ?

2. The facts lie in a narrow compass and are these. One Basant, resident of Gursandi village, since deceased, was the Bhumidhar of several plots of land comprised in two Khatas bearing Nos. 14 and 78 in villages Gursandi and Saraiya, District Mirzapur. He executed a registered gift deed on Dec. 19, 1964 in favour of the appellant in respect of the plots comprised in the said two Khatas but died before the mutation could be effected in the name of the appellant in the Revenue records. During the Consolidation proceedings that were initiated under the U. P. Consolidation of Holdings Act, the two villages having come under the operation of consolidation of holdings scheme, the appellant applied for mutation in his name in respect of the plots covered by the Gift Deed. Objections were filed by several persons under S. 9 of the Conso