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2013 Supreme(All) 1536

PANKAJ MITHAL
RAJENDRA GUPTA – Appellant
Versus
CHIEF CONTROLLING REVENUE AUTHORITY – Respondent


Advocates:
Counsel :
Ramendra Asthana, Krishna Kant Dwivedi, Rakesh Kumar Shukla and S.U. Khan for the Petitioner; C.S.C. for the Respondents.

JUDGMENT

Hon’ble Pankaj Mithal, J.—The property in question comprising of Bungalow No. 362 and part of plot Nos. 210, 211 and 216 situate in Civil Lines Jhansi was the property of the then Zamindar Smt. Sarju Bai. She executed Dwami Patta some time in the years 1937-1941 in respect of the above property in favour of Mission Trust Vatarion Church, United States of America. One Khagendra Das and Hari Krishan Lal Atri purchased the rights in the said property from the above Mission Trust. Petitioner alongwith Jai Chandra Arya and Virendra Gupta purchased the rights in the aforesaid property from the aforesaid Khagendra Das and Hari Krishan Lal Atri vide two separate sale-deeds executed on 9.8.1968 and 24.6.1969 respectively and since then is in possession and use of it. On the aforesaid sale-deeds full stamp duty as is applicable to a deed of conveyance was paid. No person ever disputed the rights of the petitioner over the said land which he alongwith two other persons had acquired by the aforesaid sale-deeds.

2. Nonetheless, Reva Shanker Bhayal, son of Onkar Das Bhayal heir of the then Zamindar executed instrument No. 4069 of 1990 announcing that the petitioner alongwith Jai Chand Ar





























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