PANKHI Vs. J.D.C.

JUDGEMENT

(1.) Heard Sri S.K. Pandey, learned counsel for the petitioner and Sri Tarkeshwar Mishra, learned counsel for respondents.

(2.) Factual matrix of dispute involved in present case is that a vendor, Smt. Razia, executed a sale-deed on 2/7/1963 in favour of original contesting respondent, Ram Naresh, which was registered on 17/7/1963. In aforesaid time period, same vendor i.e. Smt. Razia, executed an another registered sale-deed on 9/7/1963, in favour of original petitioner Pankhi, therefore, dispute for consideration before this Court is that amongst aforesaid two sale-deeds, which would be considered to be valid and enforceable.

(3.) During consolidation proceedings, Consolidation Officer after considering rival objections has allowed mutation in favour of original petitioner on basis of sale-deed dtd. 9/7/1963, by returning a finding that sale-deed registered on 17/7/1963 was not executed on 2/7/1963.