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1992 Supreme(All) 931

S.R.MISRA
Foran Singh – Appellant
Versus
Deputy Director of Consolidation – Respondent


Advocates:
Advocate Appeared:
For the Appellant : G.N. Verma
For the Respondent: H.S. Misra and Tej Pal

ORDER :

S.R. MISRA, J.

1. The main controversy in this case is as to whether a sale deed executed during the course of proceedings under the Uttar Pradesh Consolidation of Holdings Act (hereinafter referred to as the Act) without the permission of the Settlement Officer (Consolidation) u/s 5(1)(II)(c) of the Act is a void transaction; and, what will be the effect of such a sale.

2. To appreciate the controversy, the relevant pedigree is given below:

Moharman

 

Mohar Singh

Lehar

Harua

Bhanwar Singh

 

Hukuma (widow)

Natthi

Panna

Sukhi Ram

Geetam Singh

Smt. Santi Devi

 

3. The dispute relates to khata No. 13, which was recorded in the name of Khushi Ram, Respondent No. 5, Geetam Singh and Smt. Hukma widow of Atar Singh in the basic year the share of Khusi Ram and Geetam Singh was 1/4 each whereas that of Atar Singh and after his death, his widow Smt. Hukma was half in the said k














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