LALJI Vs. JOINT DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) THERE was a dispute about title between Lalji petitioner and Asharfi respondent No. 5, both of whom claimed as successors of Sewak deceased. An exparte order was passed by the Consolidation Officer on 21-3-1980. It was set aside on Lalji's application on 18-10-77. THEREafter Asharfi applied for permission to sell the land. This permission was granted by the Settlement Officer Consolidation on 22-10-77 and in pursuance of the same Asharfi executed a sale deed on 31-10-77. Later, on 21-3-80, Asharfi and Lalji filed a joint application before the Consolidation Officer in which Asharfi admitted Lalji's claim. The Consolidation Officer, proceeding exparte against the vendees, who are opposite parties 3 and 4, directed that the name of Lalji be recorded on the basis of the compromise. This exparte order has been set aside on the application of opposite parties 3 and 4 on 16th December, 1981 during the pendency of this writ petition. The petitioner filed a revision before the Deputy Director Consolidation against the order granting permission. This revision has been dismissed with the observation that the dispute about title was still pending before the Consolidation Officer and that there was no question of cancellation of permission after sale deed had already been executed in pursuance of the permission. Aggrieved by this order of the Deputy Director Consolidation Lalji has come to this court.

(2.) I have heard learned counsel for the parties.