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2013 Supreme(All) 832

NARAYAN SHUKLA
CHANDAR BHAN SINGH – Appellant
Versus
DEPUTY DIRECTOR OF CONSOLIDATION, GONDA – Respondent


Advocates:
Counsel :
R.N. Gupta for the Review Petitioner; Shubhra Kumar for the Respondents.

JUDGMENT

Hon’ble Shri Narayan Shukla, J.—Heard Shri R.N. Gupta, learned counsel for the review petitioner as well as Shri Shubhra Kumar, learned counsel for the respondent.

2. Through the instant review petition, the review petitioner has sought the review of the order dated 29.2.2012, passed in W.P.No. 744 (Consolidation) of 2011 mainly on the ground that Section 68 of the Indian Evidence Act, 1872 is not attracted in the instant case, as the sale-deed executed by Keshav Ram in favour of grand- son,namely, Chandra Bhan Singh is not disputed rather only consideration is disputed.

3. By oral argument, learned counsel for the Review-petitioner, Shri R.N. Gupta submitted that the Consolidation Court has jurisdiction to examine the validity of the sale-deed and if it is not proved before it, the Consolidation Court has jurisdiction to ignore it. In support of his submission, he cited a decision of Full Bench of this Court rendered in the case of Ram Padarath v. Second Additional District Judge, Sultanpur, in which Full Court considered the jurisdiction of the Consolidation Court. The Full Court expressed its opinion on the point which is extracted below;

“We are of the view that the cas
















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