FATEH BAHADUR SINGH Vs. JANG BAHADUR GUPTA

JUDGEMENT

(1.) This appeal, among the other questions, involves with the interpretation of Sections 166, 167, 168. 168A and 189 clause (aa) (Sect n 189 (aa) of U.P. Zamindari Abolition and Land Reforms Act. 1950 (the Act) as they stood in 1966. The question is that in case of a transfer contrary to the Section 168A of the Act, when do the rights of transferor come to an end? Are they extinguished on the date of making the transfer contrary to Section 168A of the Act or upon ejectment in a suit filed by the Gaon Sabha? THE FACTS

(2.) Sri Fateh Bahadur Singh [the plaintiff) filed a suit for the specific performance of a contract against Sri Jang Bahadur Gupta. Smt. Kalawati Devi and Mithilesh Kumari (the defendant Nos. 1, 2 and 3 respectively) with the allegations that :

(3.) The case went to the Apex Court once and has come back on remand. The defendant No. 1 did not put appearance in any of the Courts. Only the defendant Nos. 2 and 3 are contesting the suit. They allege that :