SHIV BARAN Vs. STATE OF UP AND OTHERS

JUDGEMENT

(1.) THIS petition Under Article 226 of the Constitution arises out of certain consolidation proceedings under the UP Consolidation of Holdings Act (hereinafter referred to as the Act).

(2.) THE facts which are necessary for the decision of this petition are brief indeed. Ram Kumar and his brother Ram Swarup were the sirdars of the land in dispute. They deposited ten times of the rent and became the bhumidhars. The rent was deposited on 5 -1 -1960. On 6 -1 -1960, Ram Kumar transferred his share by a registered sale deed to the Petitioner Shiv Baran. It may be stated here that although the ten times rent was deposited on 5th January, the bhumidhari Sanad was issued to Ram Kumar and Ram Swaroop on 11 -3 -1960. On the basis of the sale deed the Petitioner Shiv Baran got the mutation made in his favour.

(3.) THE only point argued before me by the Learned Counsel for the parties is as to whether the sale deed in favour of the Petitioner is void because of the fact that Ram Kumar had not been granted the bhumidhari sanad on 6 -1 -1960, the date of the execution of the sale deed.