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1986 Supreme(All) 181

B.L.YADAV
Shankar Ram – Appellant
Versus
Deputy Director of Consolidation – Respondent


Advocates Appeared:
Shitla Prasad, Sankatha Rai

Judgment

B.L. Yadav, J.

1. BY the present petition under Article 226 of the Constitution of India the order dated 17th July, 1974 is sought to be quashed by issuing a writ of Certiorari.

2. THE facts of the case need not detain much. Plot No. 494, area .15 and plot no. 986, area .04 were recorded in the basic year in the names of petitioners. Respondent nos. 2 and 3, namely Moti Chand and Girja Prakash, sons of Ram Ratan, filed objection under Section 9-A (2) of the U. P. Consolidation of Holdings Act, (for short the Act), claiming bhumidhari rights on the basis of sale deeds dated 3-4-65 and 30-8-65 and also the compromise dated 25-8-65 and 3-4-65 in a suit filed in the Civil Court for redemption of mortgage and possession, and that by over-sight even though in the registered sale deed dated 3-4-65 (Annexure 4 to the petition), these plots were mentioned, but with different area. To be precise plot no. 986/1 was mentioned with an area of 10 (to the west) and plot no. 494/1 was mentioned with an area 17 (to the west) and the present area could not be mentioned. After the execution of this sale deed a compromise dated 3-4-65 (Annexure CA 1), was arrived at on the same date and it was



















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