TULAI Vs. RAMESHWAR DAYAL AND ORS.

JUDGEMENT

(1.) HEARD learned Counsel for the parties.

(2.) SMT . Bilasu (wife of Nanhe) the recorded tenure holder executed sale -deed of the agricultural land in dispute (Plot No. 85, area 3 bighas and 10 biswas) in favour of Kanhai, predecessor in interest of the Respondents on 26.03.1973. She was sirdar of the agricultural land in dispute till then, however she had deposited 20 times of the land revenue on the same date on which the sale deed was executed which was necessary requirement at that time for obtaining bhumidhari sanad in case of sirdari tenure. Sirdari could not be transferred, however bhumidhari could be transferred. The Petitioner who is nephew of late Smt. Bilashu first challenged the grant of bhumidhari sanad, however those proceedings, before they could be 1 finalised, stood abated as meanwhile consolidation proceedings had been initiated in the area in question.

(3.) S .O.C. as well as D.D.C. held that Smt. Bilashu had herself executed the sale deed and she died after the execution of the sale deed and not before that as asserted by the Petitioner. Both these authorities also held that the order passed by C.O. had been passed only on the basis of pure conjectures and surmises. It was also held by S.O.C. and D.D.C. that even though the order granting bhumidhari sanad was passed subsequently, however as 20 times land revenue had 3 been deposited on 26.03.1973, hence the grant related back to the said date. For this proposition reliance was placed upon several authorities of this Court.