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2024 Supreme(All) 2341

JASPREET SINGH
Mohd. Ameen – Appellant
Versus
Deputy Director of Consolidation Bahraich/Shrawasti – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: U.S. Sahai, Mohd. Tabrez Iqbal
For the Respondent: Ashish Raman Mishra

JUDGMENT :

JASPREET SINGH, J.

1. The dispute relates to eleven plots comprising of Gata No. 64, situate in Village Rajapur Virpur, District Shrawasti which originally belonged to Shri Ori son of Baccha. On his death, the said property devolved on his four sons namely Chunni, Asha Ram, Putti Ram and Shree Ram. Insofar as the instant petition is concerned, the dispute is confined to 1/4 share in Gata No. 64 which devolved on Chunni son of Ori.

2. It is the case of the petitioner that Chunni was perpetually sick, hence, he required money for his treatment. Accordingly, the petitioner had lend Rs.70,000/- to Chunni and his son Vikram. It is also the case that Chunni had agreed to sell the property i.e. his 1/4 share in Gata No. 64 to the petitioner in lieu of Rs.70,000/- advanced to him. Since, Chunni died and he was survived only by his son Vikram, hence, Vikram had also agreed to transfer the property to the petitioner, however, the same could not be done and in the meantime the village in question came under consolidation operations.

3. It is the case of the petitioner that he filed his objections under Section 9-A(2) of the U.P. Consolidation and Holdings Act, 1953 (for short ‘the Act

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