LAL CHAND Vs. BOARD OF REVENUE AND ORS.

JUDGEMENT

(1.) Heard Sri S.S. Sharma, for the petitioners, Sri Rajesh Kumar and Sri Vivekanand Rai, for the contesting respondents. This writ petition has been filed against the orders of Additional Commissioner dated 10.3.2015 and Board of Revenue, U.P. dated 12.5.2015, passed in mutation proceeding under Sec. 34 of U.P. Land Revenue Act, 1901.

(2.) Previous facts of the case are that during consolidation dispute between the parties arose in respect of land of chak 149 (consisting plots 154, 157, 158 and 177) of village Salarpur, pargana Shivpur, district Varanasi. During consolidation, chak 149 was carved out in the name Sheo Das, who inherited it, from his mother Smt. Naujaddi wife of Mohan. Smt. Naujaddi inherited it, from her father Luttur son of Sheo Ambar. Lal Chandra (respondent -4) filed an objection (registered as Case No. 306) under Sec. 12 of U.P. Consolidation of Holdings Act. 1953 (hereinafter referred to as the "Act"), for recording his name over the land in dispute, on the basis of sale -deed dated 19.5.1981, executed by Civil Judge, Varanasi, in execution of the decree for specific performance of contract dated 1.10.1975 passed in O.S. No. 176 of 1976. It has been stated by Lal Chandra that Smt. Naujaddi inherited the land in dispute from her father Luttur. Smt. Naujaddi took money from him time to time since 1970. She executed a registered agreement to sell dated 1.10.1975 of the land in dispute to Lal Chandra for total Rs. 5000/ - out of which Rs. 4000/ - was paid up to the date of agreement, which was acknowledged in it. Possession over the land in dispute was also given in lieu of part performance of the contract. Sheo Das son of Naujaddi also took Rs. 800/ - on 15.10.1975 and executed a receipt in which he acknowledged payment of Rs. 4000/ - and execution of agreement to sell dated 1.10.1975 by Naujaddi. However Naujaddi died in the meantime and was inherited by Sheo Das, who has refused to execute the sale -deed. The suit was contested by Sheo Das. Civil Judge, Varanasi by judgment dated 22.8.1979 decreed the suit. Sheo Das did not comply with the decree. Then Lal Chandra filed Execution Case No. 5 of 1980, in which Civil Judge Varanasi executed a sale -deed dated 19.5.1981 of the land in dispute in his favour.

(3.) The case was contested by Sheo Das son of Mathura and Dayaram son of Ram Nath on the ground that sale -deed dated 19.5.1981 was executed without obtaining necessary permission to sell from competent authorities under Sec. 5(1)(c) of the Act and Ss. 26 and 27 of Urban Land (Ceiling and Regulation) Act, 1976 as such sale -deed is void and name of Lal Chandra cannot be mutated over the land in dispute on its basis. Consolidation Officer, consolidated this objection along with Case No. 309, under Sec. 12 of the Act, filed by one Alauddin and heard together, who by order dated 6.3.1991, held that Consolidation Officer, in Case No. 980/2394, under Sec. 9 -A of the Act, by order dated 30.9.1980 held that Sheo Das son of Mathura was heir of Smt. Naujaddi and had 1/3 share in the land of khata 196 and sole owner of the land of khata 197. Chak -149 was carved out in lieu of land of khata 196 and 197 of Smt. Naujaddi. It was admitted to Lal Chandra that village Salarpur was within purview of Urban Land (Ceiling and Regulation) Act, 1976 as such permission to sell, from Competent Authority was necessary. In the judgment dated 22.8.1979, also Civil Judge directed Sheo Das to obtain permission to sell from Competent Authority and execute sale -deed within three months and in case permission to sell is refused then directed the defendant to return earnest money of Rs. 4800/ - along with interest. Lal Chandra could not prove that necessary permission to sell was obtained before execution of the sale -deed dated 19.5.1981. As such sale -deed is void under Ss. 5(3) and 10(4) of Urban Land (Ceiling and Regulation) Act, 1976. On these findings objection of Lal Chandra was dismissed.