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1981 Supreme(All) 409

K.N.MISRA
MOHAMMAD SIDDIQ – Appellant
Versus
DEPUTY DIRECTOR OF CONSOLIDATION – Respondent


K. N. MISRA, J.

This writ petition is directed against the judgment and order dated 13-2-1960 passed by the Deputy Director of Consolidation, Moradabad, opposite party No. 1, arising out of proceedings under Section 12 of the U. P. Consolidation of Holdings Act.

Briefly stated the facts of the case are as follows;-Abdul Majid, father of the petitioner, had executed a sale-deed dated 15-4-1968 in favour of opposite parties No. 2 and 3, namely Anwar Husain and Iqbal Hussain, sons of Abdul Aziz in respect of plot Nos. 888/0. 73 and 889/1/0. 30 situate in village Bhojpur Dharampur, District Moradabad which was brought under consolidation operation in the year 1967. The said plots were found to be abadt during partal, made by the Consolidation Authorities and, this being abadi land, was kept outside the consolidation scheme. On the basis of the aforesaid sale-deed, mutation was also affected in the name of the opposite parties No. 2 and 3 on 28-3-1973 and the name of Abdul Majid was expunged, who is said to have given his consent to it Abdul Majid died sometime in the year 1975. The petitioner, thereupon, filed an appeal against the said order of mutation before the Settlement Officer (C














































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