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2021 Supreme(All) 631

JASPREET SINGH
Dharmraj – Appellant
Versus
D. D. C. Faizabad – Respondent


Advocates:
Advocate Appeared:
For the Appellant : S.K. Mehrotra
For the Respondent: C.S.C,A.S.Chaudhry, Prabhakar Vardhan Chaudha

JUDGMENT :

1. Heard Shri I.D. Shukla, learned counsel for the petitioner and Shri P.V. Chaudhary, learned counsel for the private-respondents as well as learned standing counsel for the State-respondents.

2. The issue involved in the instant writ petition relates to the validity of a sale-deed executed on 17.05.1975 which is said to be hit by the provisions of Section 5(1)(c)(ii) of the U.P. Consolidation and Holdings Act, 1953.

3. The submission of the learned counsel for the petitioner is that the original respondent no.2 Ram Dular, who is now represented by his legal heirs sought his mutation in respect of Chak-456 constituted by the Plot Nos.71, 72, 73, 119, 120, 122, 124 and 125. He applied for his mutation by moving an application under Section 12 of the U.P. Consolidation and Holdings Act, 1953 on the basis of the registered sale-deed dated 17.05.1975 executed by the original tenure-holder namely Sita Ram.

4. The petitioner and the respondents no.2 to 4 also made an application for mutation on the basis that the original tenure-holder Sita Ram died and the petitioner and the respondents no.2 to 4 being his real brothers and the legal heirs have succeeded to his estate and on the

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