JAHANI Vs. SHASHI BALA

JUDGEMENT

(1.) -Heard Shri P. K. Pandey, learned counsel for appellant and Shri A. N. Bhargava, learned counsel for respondent.

(2.) THE defendant's second appeal arises out of O.S. No. 518 of 1971 for cancellation of sale deed dated 28.7.1970. THE suit was dismissed on 26.3.1977. THE Civil Appeal No. 156 of 1977 was allowed by Ist Additional District Judge, Muzaffarnagar on 8.8.1977, decreeing the suit for cancellation of sale deed dated 28.7.1970.

(3.) THE trial court considered the plea that the sale was void as it amounted to fragmentation of the agricultural holdings under Section 168A of U. P. Zamindari Abolition and Land Reforms Act, 1950 (the Act). It was found that khata No. 174A and 174B are parts of the same khata. THE village was subjected to consolidation operation. THE area of land sold by the sale deed was less than 3-1/8 acre. On the date of the sale, the plaintiff and Sher Singh were owner of the half share each of the land. He found that entire plot was for more than 3-1/8 acres. It was not partitioned between the plaintiff and Sher Singh. THE plaintiff had sold her share in the undivided plot, and as such even if the undivided plot was less than 3-1/8 acres, the transaction will not be void under Section 168A of the Act. THE trial court further found that the even otherwise the consequence of such transaction is that the land included in the void transaction will under Section 189A of the Act, vest in the Gaon Sabha with no benefit to the plaintiff.