SHIV DULAREY Vs. DEPUTY DIRECTOR OF CONSOLIDATION HARDOI

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner.

(2.) PERUSED the record.

(3.) IT may be noticed that in the year 1963, the land in dispute stood recorded in the names of Ram Chander, Krishna Devi W/o Ram Kumar and Krishna Kumar alias Sadhole who was a minor, Ram Chander and Mst. Krishna Devi had entered into an agreement of sale of a half share in the land in dispute in favour of Manna Lai and another. Since the sale-deed had not been executed inspITe of agreement, Manna Lai and Dalla in whose favour the agreement had been entered into filed a suIT being suIT No. 161 of 1963 which was decreed by the trial court on 21.1.1965. inspITe of the decree, the sale-deed could not be executed on account of the pendency of first appeal and a second appeal in this Court which was ultimately dismissed on 4.1.1973. IT was thereafter that the sale-deed was executed by the trial court on 24.11.1978 and the possession pursuant to the decree was delivered to the vendee on 22.2.1979. The petITioner's name had been recorded for the first time in Zaman-9 in the year 1373 Fasali during the pendency of the appeal.