JAGDIP SINGH Vs. DEPUTY DIRECTOR OF CONSOLIDATION MEERUT

JUDGEMENT

(1.) THE petitioners are aggrieved by judgment dated 8-11-982 passed by the Deputy Director of Consolidation.

(2.) THE detailed facts have been narrated in the judgment and order of date passed in Writ Petition no. 4347 of 1982. THE present petition arises out of the common judgment and two questions are subject matter, firstly, whether Ram Singh petitioner in writ petition no. 4317 of 1982 was exclusive owner of the land in dispute, and, secondly, whether the respondent nos. 3 to 5 are contenure holders. By the impugned order, the Deputy Director of Consolidation has recorded a finding of fact that Ram Singh and respondent nos. 3 to 5 are co tenure holders having 1/4th share each. Respondent nos. 3 to 5 executed a sale deed in favour of the petitioners after depositing 20 times of rental for obtaining Bhumidhari sanad. When the petitioners applied for recording their names in revenue papers on the basis of aforesaid registered sale deed, Ram Singh filed an objection slating therein that the required amount, though deposited on 11-8-69 and the sale deed having been executed on 12-8-1969 without obtaining the Bhumidihari sanad, the sale deed was a void transaction. All the three Consolidation Authorities refused to mutate the name of the petitioner on the ground that sale deed was executed without obtaining Bhumidhari sanad and as such, the petitioners-transferres will have no right, or, interest over the land in dispute and it can be said to be void transaction.

(3.) LEARNED counsel for the respondents supported the judgment of the Deputy Director of Consolidation stating that mere deposit of 20 times of rental by respondent nos. 3 to 5 did not confer Bhumidhari right and there is complete bar in transferring the property by sirdar. Even when a person becomes Bhumidhar, there are class of Bhimidars, who have no transferable rights. According to him, the view taken by the Consolidation Authorities is perfectly in accordance with law,