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1984 Supreme(All) 476

B.L.YADAV, V.N.KHARE, N.D.OJHA
PARAG LAL BEHARI – Appellant
Versus
DEPUTY DIRECTOR OF CONSOLIDATION, GORAKHPUR – Respondent


Advocates Appeared:
S.R.Misra, Swaraj Prakash

N. D. OJHA, J.


( 1 ) THIS writ petition was referred to a Full Bench by a learned Single Judge of this Court for consideration of the question whether the decision of a Division Bench of this Court in the case of Dalip Singh v. Deputy Director of Consolidation, Moradabad 1976 All WC 112 required reconsideration in view of the fact that the decision of the Supreme Court in the case of Mathura Prasad v. Dossibai, AIR 1971 SC 2355 was not brought to the notice of the learned Judges who decided the case of dalip Singh (supra ). It is thus that this writ petition has come before us.

( 2 ) THE facts and circumstances on account of which the aforesaid point arose for consideration may now be stated.

( 3 ) SMT. Murta, the grandmother of the petitioner, who had been appointed guardian of the petitioner under the Guardians and Wards Act, 1890, after obtaining the permission of the District Judge executed a sale deed on 27th August, 1963, in respect of certain agricultural plots of which the petitioner was the tenure-holder in favour of Gomati and Bachchan, respondents 3 and 4. These plots were situated in three villages-Khajuri, Harpur alias Dubaria and Sisai, Pargana Hasanpur Maghar, Tehsil














































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