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2019 Supreme(All) 987

J.J.MUNIR
Devendra Sharma – Appellant
Versus
State Of U. P. – Respondent


Advocates Appeared:
Rahul Kumar Tyagi, Adv., Mahesh Narain Singh, Adv., Mahesh Sharma, Adv., Sharad Sinha, Adv.

JUDGMENT :

J.J. Munir, J.

In the proceedings for mutation filed by respondent No.4-Omkar Sharma, seeking to give effect to his rights on the basis of a registered sale deed dated 28.11.2011, executed by Jai Bhagwan-respondent No.5 to the writ petition, objections were raised to the mutation by the petitioner, Devendra Sharma on ground that he held an agreement to sell relating to the property in dispute, executed by Jai Bhagwan and was in possession of the said property on the basis of the said agreement. The aforesaid objection of the petitioner was rejected and mutation on the basis of the sale deed dated 28.11.2011 granted in favour of respondent No.4-Omkar Sharma. Aggrieved by this order, the petitioner filed an appeal bearing Appeal No.3 of 2012-13, under Section 210 of the U.P. Land Revenue Act, before the Sub-Divisional Officer, Modi Nagar, who allowed the appeal and remanded the matter to the Court of first instance for decision afresh. Against the appellate order, a Revision was filed by respondent No.4-Omkar Sharma, vendor before the Commissioner, Meerut Division Meerut, which came to be dismissed vide an order dated 17.2.2017 summarily, thus affirming the order of remand p

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