RAM JIWAN SINGH Vs. KAMLESH KUMAR

JUDGEMENT

(1.) THIS appeal has been referred to a Division Bench by K.S. Verma, J., who felt that having regard to the importance of the point involved in the case it was desirable that it should be decided by a larger Bench.

(2.) IN his order of reference the learned single Judge has set out elaborately the facts of the case and it is unnecessary to re -state them. Suffice it to state that the Appellant -Plaintiff had prayed in the suit for cancellation of the sale deed executed by Respondent -3 (Defendant 3) in favour of Respondent -1 (Defendant 1) on the ground that Respondent -3 was only a Benamidar for him (the Appellant) in respect of the suit lands. He had also claimed the crops standing on those lands. In the registered sale deed dated 2 -7 -1959, the purchaser was shown as Respondent -3, a minor, by the guardian, the Appellant. Subsequent to the execution of that sale deed, consolidation proceedings started in the village in which the suit lands are situate. The impugned sale deed dated 9 -2 -1968, is subsequent to the completion of the consolidation proceedings.

(3.) ON the first issue, the learned Munsif held that the suit was not barred under Section 331 of the U.P. Z.A. and L.R. Act. On the second issue, he held that the suit was barred under Section 49 of the U.P. Consolidation of Holdings Act, 1953, (hereinafter called the Act).