MOHD YASIN Vs. ABDUL WADOOD

JUDGEMENT

(1.) YASIN and his three brothers had been allotted a Chak in vil lage Bangawan and anofher Chak in village Chaura. The plots comprised in the Chak of both the villages consisted of Bhumidhari and Sirdari holdings. Yasin wanted to transfer some plots comprised in his Chaks to his nephews and he moved an applica tion for the grant of permission under Sec tion 5 (c) (ii) of the Consolidation of Hold ings Act (hereinafter referred to as the Act). The permission was accorded. Sub sequently, however, he executed four sale deeds, viz. (Exts. 13 and 4) in respect of plots situate in village Bangawan and (Ex. 2) in respect of plots situate in village Chaura in favour of persons other than in whose favour sanction had been accorded. It appears that, thereafter, he changed his mind and filed the present suit for cancel lation of the sale-deeds executed in favour of vendees-defendants. He was joined in this suit by his other co- sharers. The main contention on behalf of the plaintiff was that the transfer was hit by Section 5 (c) (ii) of the Act inasmuch as me sale had been effected in favour of persons in whose favour permission had not been accorded by the Settlement Officer, Consolidation. This was sought to be met by the defend ants on the ground that inasmuch as the entire share or Yasin had been transferred no permission was necessary under Sec tion 5 (c) (ii) of the Act

(2.) THE lower appellate Court has ultimately upheld the safe deed except in respect of the plot No. 100. The plaintiffs as such have filed the appeal against that decision and the defendants a cross-objec tion in respect of plot No. 100.

(3.) IN the present case, the holdings of Yasin would as such be divided into Bhumidhari and Sirdari tenure. But, that would not mean that the Bhumidhari, Sir dari or Asami rights in different villages would all fall within a single tenure inas much as it appears that the scheme of the Consolidation of Holdings Act is to treat each village or part thereof, which is notifi ed under Section 4 of the Act, as a sepa rate unit for the purposes of the scheme of consolidation. This is clear from the provi sions of Sections 5, 7, 8, 9 of the Act. The consolidation scheme is drawn up village-wise, that is, unitwise as defined under Section 3 (2-A), of the Act and the records and objections and proposals for the allot ment of Chalcs, confirmation of Chaks and preparation of the final revenue records are made up village wise. This would go to indicate that the word holdings has to be read with reference to each village and the holdings of a tenure-holder in two sepa rate villages cannot be treated to be single holding. Thus, even if a part of the hold ing of village Bangawan had not been sold. it would not affect the sale in respect ol village Chaura.