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1980 Supreme(All) 618

B.D.AGARWALA
Riasat Khan – Appellant
Versus
Deputy Director of Consolidation – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Iqbal Ahmad
For the Respondent: P.N. Khare

JUDGMENT :

B.D. AGARWALA, J.

1. The dispute in this case relates to certain plots of Chak No. 251 situate in village Nanakhera, Pargana Ujhani, District Budaun. The Petitioners' case is that originally the land in dispute belonged to Batool Khan Respondent No. 2 and by a registered sale deed dated 20th April, 1976 the land was transferred in favour of the Petitioners. Accordingly, an application was filed by the Petitioners praying for their names being entered in the revenue records in respect of the land in dispute. The Assistant Settlement Officer Consolidation by his order dated October 27, 1976 directed the entry of the Petitioners ' name in respect of the land in dispute, in view of this registered sale deed. Thereafter the Respondent No. 2 filed an appeal. This appeal was decided by the Assistant Settlement Officer Consolidation. The view taken by him was that since the sale deed pertained to the entire holding of the transferor and not merely in respect of a part thereof, as such there was no necessity for obtaining the prior sanction of the Settlement Officer Consolidation. Accordingly, the appeal was disposed of. The Respondent No. 2 filed a revision u/s 48 of the U.P. Cons















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