Hon’ble Sudhir Agarwal, J.—The writ petition is directed against the order dated 26.6.1980 passed by Prescribed Authority (Ceiling), Puwayan, Shahjahanpur in Ceiling Case No. 968 and appellate order dated 9.9.1985 in Misc. Civil Appeal (Ceiling) No. 72/80 confirming order under appeal and dismissing the appeal.

2. The facts in brief giving rise to the dispute in the present case read as under.

3. In respect to certain plots, numbers whereof are given in para 1 of the writ petition, Rohitash Shah alias Babu Shah and Kirat Shah were recorded co-sirdars. The aforesaid plots situate in Village Bela Pargana Khutar, District Shahjahanpur. Sri Rohitash Shah applied for grant of Bhumidhari rights on 18.5.1967 in respect to his half share in the land in question. The Assistant Collector passed order granting Sanad on 30.5.1969. The co-tenure-holder Kirat Shah raised a dispute that share of Rohitash Shah was one-third and not one-half.

4. The aforesaid dispute was pending in the Revenue Court. In the meantime, on 23.5.1967, i.e. after five days from the date Rohitash Shah had applied for grant of Bhumidhari Sanad, he executed a sale-deed claiming himself to be Bhumidhar in favour of