VISHNU KUMAR Vs. SUNITA KALRA

JUDGEMENT

(1.) The question involved in the writ petition is as to whether contract of sale (agreement to sale) constitutes transfer within the meaning of Section 54 of the Transfer of Property Act, in case, it does not constitute transfer, whether mutation under section 34 of the of the Land Revenue Act could be attested by the Tehsildar on the basis of contract of sale (agreement to sale). In order to address this question, certain facts are required to be noted:

(2.) Before appreciating the arguments of the learned counsel for the parties, it is necessary to note that some cases were filed by the parties before various courts. The details are given here-in-below :-

(3.) The husband of respondent no. 1 Suresh Chandra Kalra also died on 23.6.2006 during pendency of the suit and on the basis of a registered will dated 22.2.2005 executed by Suresh Chandra Kalra in favour of respondent no. 1, she was substituted in place of her husband. A decree was passed by the court on 20.3.2007 declaring her to be bhumidhar of Khasra NO. 201/1 which is recorded in the revenue record as Plot 201/4 area 3.684 situate in Garhi Khandari, Pargana and Tehsil Hathras, District Hathras.