LAWS(ALL)-2006-9-240

KAMLA Vs. DEPUTY DIRECTOR OF CONSOLIDATION VARANASI

Decided On September 06, 2006
KAMLA (D) THROUGH L.RS. Appellant
V/S
DEPUTY DIRECTOR OF CONSOLIDATION, VARANASI Respondents

JUDGEMENT

(1.) -Heard Sri Aditya Narayan, learned counsel for the petitioner and learned counsel for the respondents.

(2.) THE order dated 17.7.1980, passed by the Deputy Director of Consolidation, Varanasi (Annexure-3 to the writ petition) is impugned in the instant writ petition.

(3.) LEARNED counsel for the petitioner has placed reliance on a number of decisions in Ram Chander Dubey and another v. Deputy Director of Consolidation, Deoria and others, AIR 1978 All 157, wherein this Court came to a conclusion that the purchase of bhoomidhari land made by karta of H.U.F. could be held to be from nucleus of a joint family for the benefit of members of H.U.F., if it is so established by the person claiming it to be a property purchased by karta in his capacity. For ready perusal, paragraph No. 21 of the aforesaid decision is quoted below :