DESH RAJ Vs. LAL SAHAI SINGH

JUDGEMENT

(1.) THIS ap peal arises out of a suit for ejectment under Section 209 of the U. P. Zamindari Aboli tion and Land Reforms Act.

(2.) LAL Sahai Singh plaintiff-respon dent No. 1 came to Court on the allegation that the defendant appellants had transfer red the plots in dispute to him under a registered deed of sale dated 9-7-1952. Sub sequently they dispossessed the plaintiff hence the suit.

(3.) THE plaintiff filed a writ petition in this Court. The learned Single Judge held that the transferors had in the sale deed made a representation that they were Bhu-midhars entitled to transfer. The plaintiff entered into the transaction on the faith that the representation was correct. Section 43 of the Transfer of Property Act was ap plicable, and the suit was liable to be dec reed. In this view of the matter the writ petition was allowed and the order of the Board of Revenue was quashed. It is ad mitted that the transferor obtained Bbumi-dhari rights under a Sanad dated 26-9-1959.