CHANDRAWATI DEVI Vs. KALLU RAM ETC.

JUDGEMENT

(1.) THIS revision has been filed against the order of the learned Additional Commissioner, Varanasi dated 4-7-1992 passed in Revision No. 68 of 92 arising out of proceeding under Section 167 of the U.P.Z.A. and L.R. Act.

(2.) BRIEFLY the facts of the case are that Kallu Ram Pradhan moved an application under Section 167 of the U.P.Z.A. and L.R. Act stating therein that Ripureshwar Dubey who was bhumidhar of Plot No. 95 area 5. 1 7.5 executed three sale-deeds; one on 1 4-6-78 for an area of 3 bigha, second on 3-7-79 for anarea of bigha and the third on 3-10-85 for an area of 1.2.5 in favour of Smt. Chandrawati Devi. According to him, as the village had undergone consolidation opera­tions the sale-deeds in respect of fragments were void and the land would vest in the State. He submitted that the name of Smt. Chandrawati Devi had worngly been mutated in pursuance of the sale-deeds dated 1 4-6-78, 13-7-79. It was prayed that the land would be vested in the State. The trial Court by his order dated 11-6-92 ordered expunglion of the entries made in favour of Smt. Chandrawati in pursuance of sale-deeds dated 14-6-78 and 13-7-79 and directed that proceedings under Section 167/168 of the U.P.Z.A. and L.R. Act be inducted. Smt. Chandrawati filed a revision before the learned Additional Commis­sioner. She has now come up in revision before this Court.

(3.) A perusal ' f the record reveals that the three sale-deeds were executed in favour of Smt. Chandrawati by the same person in respect of same plots by which the entire are a of the plots was sold in her favour. The name of Smt. Chandrawali had been mutated on the basis of the sale-deeds executed in her favour. The validity of the third sale-deed had not been disputed. So far as the validity of the two former sale-deed is concerned it was challenged. As the entire land had been transferred by the vendor in favour of the vendee no question of fragment being transferred arise on the date of the applica­tion i.e. 10-8-90. The Gaon Sabha/L.M.C. did not take any action to challenge the validity of the previous sale-deeds ex-ecuted on 14-6-78 and 13-7-79. No longer open to them to challenge the validity of these sale-deeds when the entire area hap­pens to have been transferred to Smt. Chandrawali. The mutation had rightly been allowed in her favour. In the cir­cumstances of the present ease, the order passed by the trial Court cannot be legally sustained. There is now no question for initiating further proceedings under Section 167/168 of the U.P.Z.A and L.R. Act.