ZAREENA Vs. DEPUTY DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) Heard learned Counsel for the Petitioners.

(2.) Learned Counsel for the Petitioners Sri R.C. Singh submits that the entire proceeding has proceeded ex-parte to the Petitioners who are the purchasers from Smt. Kabiran without giving any opportunity of evidence to contest the position as to whether Kabiran had remarried or not. He therefore submits that the entire proceedings are vitiated as the procedure adopted by the authorities is contrary to law.

(3.) Learned Counsel for the contesting Respondents-caveator Sri L.P. Singh submits that the background of the case is that Smt. Kabiran was married to Bashir Khan, a real brother of Imdad Khan. Bashir Khan died issue-less. Smt. Kabiran remarried Sri Nasiruddin. On account of this remarriage Smt. Kabiran lost her rights in the holding of Bashir Khan which according to the provisions of the U.P. Z.A. & L.R. Act reverted back to Imdad Khan and his successors. He therefore contends that the transaction of sale entered into by Smt. Kabiran after her remarriage is void and the Petitioners cannot claim any right, title or interest over the share of late Bashir Khan which they allege to have purchased from Smt. Kabiran.