YASHODANANDAN, R.B.MISRA, M.P.MEHROTRA
Mahendra Nath – Appellant
Versus
Baikunthi Devi – Respondent
MISRA, J.:- The present second Appeal and the revision application arising out of two different suits came up for hearing before a learned Single Judge of this Court. The two cases involved the interpretation of Section 30 of the U. P. Consolidation of Holdings Act as the main point. The single Judge finding a conflict of judicial opinion in the two Division Bench decisions, namely, Shri Ram v. Dhani Ram Gupta, 1974 All WR (HC) 213 -(AIR 1974 All 358) and Shanti Prasad v. Akhtar, 1972 RD 275 (All) referred the two cases to a larger Bench. This is how these cases have come up before us.
2. Though the pattern of facts in the two cases is similar yet the details differ. It will, therefore, be convenient to give the material facts of the two cases to bring out the point involved therein.
3. In the Second Appeal No. 1467 of 1966, Mahendra Nath and his uncle Jeewa Ram were the co-tenants of certain plots, measuring 6.04 acres. By a deed of agreement dated 16th June, 1960, Jeewa Ram agreed to sell his half share in the plots as also his house to Mahendra Nath for a consideration of Rs. 3,000/-. Mahendra Nath paid Rs. 2,200/- by way of advance and the balance was to be paid on the d
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