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2011 Supreme(All) 405

S.U.KHAN
SUMITRA DEVI – Appellant
Versus
SUSHILA DEVI – Respondent


Advocates:
Counsel :
B.N. Chaturvedi, Smt. C.K. Chaturvedi for the Petitioner; C.S.C., V.K. Singh for the Respondents.

JUDGMENT

Hon’ble S.U. Khan, J.—List revised. No one has appeared for the respondents. Heard learned counsel for the petitioner.

2. Petitioner through registered sale-deed dated 25.9.1984 purchased land ad-measuring 520 Square Meter out of Plot No. 159 Ka total area 0.73 acres from respondent No. 5 - Shri Pal. Earlier respondent Nos. 5 to 10 had purchased total Plot No. 159 Ka from its previous bhumidhar Sushila Devi, repondent No. 1 on 27.2.1975. The plot is grove and entered as such in revenue records. Ram Nath, respondent No. 2 and others purchased plot No. 159 Kha area 0.09 acre from Sushila Devi in 1985. They first challenged the sale-deed dated 25.9.1994 alongwith two other similar sale-deeds through a civil suit only on the ground that the deeds were in violation of and hit by Section 168-A of U.P. Zamindari Abolition & Land Reforms Act (the said Section has been repealed in 2004). The said section prohibited sale of fragment of agricultural land. The suit (Suit No. 621 of 1986) was dismissed on 26.2.1988 by 5th Additional Munsif, Etah. Copy of the said judgment is annexed as Annexure-I to the writ petition. In the said judgment, it was specifically held that in view of the fa












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