LACHHMAN PRASAD Vs. MEGHU

JUDGEMENT

(1.) TMS special appeal Is directed against the order of a learn ed Single Judge, dated January 10. 1968, whereby he allowed writ petition No. 619 of 1963.

(2.) ONE Roshan Lal was a sirdar of the land in dispute. On July 18, 1955, he deposited Rs. 340/- which, according to him. was ten times the land revenue and applied for a declaration that he had become a bhumidhar of the land. On. July 20, 1955, he executed a sale deed In favour of one Basdeo and another sale deed on October 30, 1955 in favour of one Puranmal. Before an order could be passed on his application and the issuance of bhumidhari sanad. Roshanlal died on December 30, 1956. During conr solidation operations, an objection was filed under Section 9 of the U. P. Con solidation of Holdings Act by the colla terals of Roshanlal who were the peti tioners in the writ petition. They claim ed that the plots in dispute were wrong ly recorded in the names of the vendees as Roshanlal had no power to execute sale deeds on the dates on which the sale deeds were executed. The objection was dismissed by the Consolidation Offi cer and that order was affirmed on ap peal by the Settlement Officer (Consolidation) and on revision by the Joi t Director of Consolidation.

(3.) THE learned Single Judge came to the conclusion that the objections taken by the petitioners before him. were well founded and that until tihe certi ficate had actually been issued. Roshan lal had no right to execute the sale deeds mentioned above. He allowed the writ petition and remanded the case for decision afresh in accordance with law. The vendees have filed this appeal.