SHABBIR Vs. ABDUL SATTAR

JUDGEMENT

(1.) This appeal is against an Order dated 21st December, 1981 passed in Writ Petition No. 10508 of 1980 by the High Court of Allahabad.

(2.) Briefly stated the facts are as follows: Smt. Munni and Smt. Nanni were joint owners of the land in question. On the death of Smt. Munni, after some dispute, her share devolved on Nathua. Nathua had three sons, namely, Shabbir, Kalua and Abdul Gafur. In respect of the land in question consolidation proceedings under the U. P. Consolidation of Holdings Act, 1953, were in progress.

(3.) Smt. Nanni had no issues. She had, however, appointed four Mukhtarams (Power of Attorney holders). On 20th January, 1961, these four Mukhtarams executed a sale deed of her share in favour of Abdul Gafur, Abdul Aziz, Abdul Majid and Abdul Sattar (hereinafter referred to as the purchasers). On 13th July, 1961 post facto permission was granted for such sale. On the basis of this sale deed the A.C.O. passed an order dated 28th August, 1961, directing mutation to be made in the name of the purchasers.