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1975 Supreme(All) 435

SATISHCHANDRA, K. B. ASTHANA
Dalip Singh – Appellant
Versus
The Deputy Director of Consolidation, Moradabad Camp – Respondent


Advocates:
Krishna Murari Sinha, for Petitioners; G.N. Varma, Standing Counsel, for Opposite Parties.

Judgement

SATISH CHANDRA, J.:- Harbans Singh, respondent No. 2, purchased the plots in dispute by a sale deed dated September 15, 1956 for Rs. 4,000-00. The sale deed mentioned not only Harbans Singh but also his two minor sons, namely, Kiran Pal Singh and Kiran Singh, respondents Nos. 3 and 4, as purchasers. Subsequently, Harbans

Singh, on March 15, 1962, sold a two-third share in the plots in dispute to Dalip Singh, petitioner No. 1, for Rs.

9,000-00. The remaining one-third share in the plots was sold to petitioners Nos. 2 and 7 for a sum of Rupees

4,500-00.

2. In 1967, Harbans Singh's sons, namely, respondents Nos. 3 and 4, filed a suit for the cancellation of the aforesaid two sale deeds executed by Harbans Singh, on the ground that they being minors, the sale deeds were invalid in respect of their shares in the plots. During the pendency of the suit, a notification under Section 4 of the U. P. Consolidation of Holdings Act was published. Thereupon the suit was abated by the Court.

3. The two sons of Harbans Singh filed an objection in the consolidation proceedings which was partly allowed by the Consolidation Officer. The matter was taken up in appeal. The Settlement Officer held :












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