CHANDRA PRAKASH SINGH Vs. IVTH ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) Heard learned Counsel for the Petitioners. In spite of sufficient service on all the contesting Respondents as per office report dated 21.12.1999 they did not engage any Counsel.

(2.) This writ petition was dismissed in default on 23.8.2006 as after the elevation of the learned Counsel who filed the writ petition, Petitioners had not engaged any other Counsel. Thereafter, restoration application was filed, which was allowed on 24.2.2011 and on the same date arguments on merit were also heared and judgment was reserved.

(3.) Petitioners instituted O.S. No. 430 of 1967 against Bharath predecessor-in-interest of contesting Respondents No. 3 to 8 for specific performance of an agreement to sell executed by him in favour of the Petitioners. Suit was decreed on 1.10.1975. Thereafter, execution application in the form of Execution Case No. 14 of 1978 was filed. Contesting Respondents filed objection under Section 47, Code of Civil Procedure contending therein that they (as well as their ancestor Bharath) are members of Scheduled Caste, hence by virtue of amendment in Section 157A of U.P.Z.A. & L.R. Act, by U.P. Act No. 34 of 1974 sale deed could not be executed by the Court even though the agreement for sale was executed prior to 1974 when there was no restriction on sale of agricultural land by a person belonging to scheduled caste. Ultimately, execution application was dismissed on 24.2.1983 by Executing Court/I Additional Munsif, Mirzapur on the ground that in the absence of permission of the Collector as required by Section 157A of U.P.Z.A. & L.R. Act, sale deed of an agricultural land of a Scheduled Caste member could not be executed in favour of non-Scheduled Caste member. Against the said order, Civil Revision No. 49 of 1983 was filed which was dismissed by IV A.D.J., Mirzapur on 18.1.1984, hence this writ petition. The lower Revisional Court discussed two authorities of this Court, one Dal Chand v. III A.D.J., 1981 RevDec 29 and the other Ram Saran v. A.D.J.,1981 RevDec 252.