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1958 Supreme(All) 242

S. S. DHAVAN
Tajammul Hussain – Appellant
Versus
Assistant Consolidation Officer, Jalalabad – Respondent


Advocates appeared:
M.H. Beg, Advocate, for the Petitioners; Lakshmi Saran, Standing Counsel, for the State; Ganga Pd. Khare, Advocate, For the Respondents

JUDGMENT

S.S. Dhavan, J. - This is a petition under Article 226 of the Constitution praying for the quashing of the order of the Consolidation Officer, Jalalabad rejecting the petitioner's objections under Sec. 12 (c) of the U. P. consolidation of Holdings Act, 1953. The facts of this case be stated within a very brief campass. The petitioners allege in their affidavit that their father was the proprietor and exclusive Khudkasht holder of certain plots. These were entered as plots in the possession of Nazir Husain in the Khatauni of 1356 Fasli as his Khudkasht of 1353F. The petitioners were minors when their father died (they were minors at the time of the filing of this petition). It is alleged that, after the demise of their father, a relation called Zahid Husain made an agreement with Balla Chand, respondent No. 4, for the sale of the plots in dispute for some consideration which was pocketed by him. According to the petitioners, he had no authority on their behalf to enter into this transaction.

2. As a result of certain proceedings under Sec. 8 of the aforesaid Act an order for the correction of the record in favour of Balla Chand was made. The petitioners filed an objection un

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