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2012 Supreme(All) 1324

SUNIL HALI
VISHNU KUMAR – Appellant
Versus
SUNITA KALRA – Respondent


Advocates:
Counsel :
Awadhesh Kumar Singh, H.C. Shukla and A.K. Singh for the Petitioner; Sidjor Dixit, V.K. Singh, Rajesh Tripathi, A.K. Upadhyay, Satish Mandhyan, A.K. Tripathi, Ramesh Kumar Mishra, Ram Kishun Mishra and C.S.C. for the Respondents.

JUDGMENT

Hon’ble Sunil Hali, J.—The question involved in the writ petition is as to whether contract of sale (agreement to sale) constitutes transfer within the meaning of Section 54 of the Transfer of Property Act, in case, it does not constitute transfer, whether mutation under Section 34 of the of the Land Revenue Act could be attested by the Tehsildar on the basis of contract of sale (agreement to sale). In order to address this question, certain facts are required to be noted:

2. An agreement to sale was executed by one Bakshi Singh (deceased) in favour of Chimman Lal, father-in-law of respondent No. 1 on 28.6.1974 for a consideration of Rs. 40,000/- in respect of plot No. 201/1, area 15-19-13. The agreement was followed by delivery of possession to Sri Chimman Lal. On the death of Chimman Lal, an application was moved by husband of respondent No. 1 under Section 34 of the Land Revenue Act for deleting the name of Bakshi Singh from revenue record. The mutation application was allowed and it was directed that the name of Suresh Chandra son of Chimman Lal, husband of respondent No. 1 be recorded in Column 9. The petitioner filed an appeal against the order dated 4.2.2000, which w









































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