GULAM HUSSAIN Vs. DEPUTY DIRECTOR OF CONSOLIDATION BAREILY

JUDGEMENT

(1.) HEARD Sri H.M.B.Sinha learned counsel for the petitioner and Sri Prabhakar Singh for the respondent No. 2.

(2.) NOTICES had been issued to the respondent Nos. 3 to 14 and appearance has been put forth on behalf of respondent Nos. 10 to 14 by Sri Rohit Verma. The other respondents have also put in appearance through Sri Rohit Verma who have not filed any counter-affidavit and have not contested the petition. The main contest therefore appears to be between the petitioner and the respondent No. 2 Sakir Raja Khan son of late Ahmad Raja Khan.

(3.) SRI Sinha therefore submits that the findings that Ahmad Raza Khan died in 1981 recorded by the Deputy Director of Consolidation on the basis that there was a medical certificate of a Hospital supported by an order of revenue official dated 16.8.1981 is erroneous and the same ought to have been discarded. SRI Sinha contends that the sale-deed dated 26.11.1982 has not been assailed by the contesting respondent nor any cancellation thereof has been prayed for and in such a situation the presumption of the validity of the sale deed has to rule in favour of the vendee i.e. the predecessor in interest of the petitioners. This aspect has also been over looked and hence the order is illegal.