TILAKRAM Vs. CHHATER PAL SINGH

JUDGEMENT

(1.) IN this second appeal the Court has been called upon to answer as to whether previous approval of the Assistant Collector con­cerned is necessary before effecting any transfer of a bhumidhari land by a Sched­uled Caste person in favour of another Scheduled Caste person as contemplated by Section 157-AA of the U.P. Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as 'the Act'). An ancillary point with regard to exercise of discretion under Section 20 of the Specific Relief Act, 1963 and interference with such discretion by the lower appellate Court also arises for determination.

(2.) IT is said that the defendant/appellant Tilak Ram executed an agreement dated 7.6.05 to transfer his land of Khasra No. 13 Minjumla area 0.405 hectare situate in village Govindpuri, Pargana, Tehsil and District Meerut, in favour of plaintiff/respondent Chhater Pal Singh. According to agreement the total sale consideration agreed upon happens to be Rs.1 lac out of which Rs. 30, 000/-was paid and the balance was payable at the time of execution of the sale deed. Admittedly, both the parties to the agreement are Scheduled Caste persons.

(3.) I have heard Sri Murlidhar, Senior Advocate assisted by Sri R.P. Singh for defendant/appellant and Sri B.N. Agarwal along with Sri Sarttosh Kumar Srivastava for plaintiff/respondent on the above substantial question of law. Parties have agreed and consented for the final disposal of the appeal at the stage of admis­sion itself.