JHURAI Vs. RAM BALI

JUDGEMENT

(1.) Heard Sri Siddharth Srivastava, learned counsel for the appellant. The plaintiff instituted Original Suit No. 37 of 1984 for cancellation of sale-deed dated 20.9.1974 on the ground that vendor, Smt. Mohra had died before the date of alleged execution of sale-deed; she was only a Sirdar on the date when sale-deed was allegedly executed and has no right to transfer the same by sale; and Section 43 of Transfer of Property Act, 1882 (hereinafter referred to as the "Act, 1882") has no application in the case in hand.

(2.) From the record, however, it cannot be disputed that Smt. Mohra deposited twenty times of land revenue as required under Section 134 of U.P. Zamindari Abolition and Land Reforms Act, 1951 (hereinafter referred to as the "Act, 1951") on 20.9.1974 and thereafter the sale-deed was executed. It was a registered deed. The Courts below have found that Smt. Mohra died on 28.9.1974.

(3.) On behalf of appellant reliance is placed on a Single Judge judgment of this Court in Bharat Singh and another v. Smt Bhudevi and another,1987 RD 23, wherein it was held that after deposit of twenty times of land revenue if the incumbent Sirdar died, no Bhumidhari Sanad could have been issued in favour of that person as it would be a nullity and no benefit or right would accrue on this basis. Relying on Raghunandan Singh v. Yashwant Singh,1978 RD 183 it has been held that the change of status of Sirdar into Bhumidhar occurs when the Assistant Collector makes judicial grant. The Court said that it would mean that when judicial order for grant of a certificate is passed, that would be relevant.