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2004 Supreme(Del) 583

T.S.THAKUR
MASTER MAYANK VASHISHTH – Appellant
Versus
FINANCIAL COMMISSIONER – Respondent


Advocates Appeared:
ANAND YADAV, Anita Tomar, R.P.Vats, Shruti Shashi, V.K.Tandon

T. S. Thakur, J.

( 1 ). IN this petition for a writ of certiorari, the petitioners assail the legality of an order, passed by the Collector, North-West District, Delhi and that passed by the Financial Commissioner in appeal, whereby an order attesting a mutation in favour of the petitioners on the basis of a sale deed executed in their favour has been set aside and directions for taking possession of the land covered by the sale issued on the ground that the sale was in contravention of the provisions of Section 33 of the delhi Land Reforms Act. The facts giving rise to the controversy are few and may be stated at the outset:-

( 2 ). Late Shri Ram Mehar and his brother Kanwar Lai purchased a certain extent of land situate in different khasra nos. of Village Khera Khurd somewhere in the year 1941-42. In terms of a sale deed dated 7th August, 1996 Ram Mehar transferred in favour of the petitioners, land situate in khasras nos. 50/17 and 50/18 which had according to the case set up by the petitioners, fallen to the share of Ram Mehar in a family partition between him and his brother Kanwar Lal. The sale deed inter alia recited that Ram Mehar was the sole owner and in peaceful possessio


















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