BRIJ MOHAN SINGH Vs. MANGAL SINGH

JUDGEMENT

(1.) Facts which are not under dispute that one Sujan Singh, a sirdar of land bearing Khata No. 142 situated at village-Rajpura, Tehsil-Jalaun (at present Madhogarh), District- Jalaun, had deposited 20 times of land revenue in terms of Sec. 134 (prior to its omission by U.P. Act No. 8 of 1977 w.e.f. 28/1/1977) of U.P. Zamindari Abolition and Land Reforms Act, 1950 (for short "Act, 1950") on 14/11/1973 and on very next day, i.e. on 15/11/1973, said Sujan Singh had executed a sale deed in favour of petitioner herein and possession of land referred above was also handed over to him.

(2.) It is also not under dispute that Sujan Singh died even before Bhoomidhari Sanad was issued. It is not on record, whether legal heirs of deceased Sujan Singh have taken any interest in proceedings of issuance of Bhoomidhari Sanad or not.

(3.) It appears that co-sharer (Ram Singh) of land in question had filed objections to the application for Bhoomidhari Sanad, however, since Sujan Singh died on 19/3/1974, proceedings in all probabilities did not proceed further. Later on, concerned village was brought within consolidation proceedings and petitioner filed an objection under Sec. 9-A(2) of U.P. Consolidation of Holdings Act, 1953 (for short "Act, 1953") and claimed his rights on basis of sale deed and prayed for declaration of bhoomidhari rights for share of Sujan Singh (since deceased).