SHRI BUTANI SINGH YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Bahadur Singh had two sons, namely, Jagan Yadav and Bhajan Yadav. Bhajan Yadav had three sons, namely, Govind Yadav, Laldhari Yadav and Brij Mohan Yadav who are respondents 5, 6 and 7 in this writ petition. Jagan Singh died during the pendency of this writ petition and his heirs have been substituted as respondents 4(a), 4(b) and 4(c). On the basis of the revisional survey the lands were recorded in the name of Govind Yadav, Laldhari Yadav and Brij Mohan Yadav. Jagan Yadav being aggrieved by the entry in the revisional survey record filed an application before the consolidation Officer to correct the revisional survey and enter his name on the lands which are subject matter of dispute.

(2.) The petitioner who is purchaser from respondents 5, 6 and 7 i.e. sons of Bhajan Yadav filed an objection. The Consolidation Officer by order, dated 30.7.1980 rejected the claim of Jagan Yadav and directed that Chak may be created in the name of Butani Singh with respect to Khata No. 28, khesra No. 255, measuring .39 decimals of land and the name of Jatli Yadav be entered with respect to khata No. 23, khesra No. 278, measuring 31 decimals of land. Jagan Yadav filed an appeal against the order of the Consolidation Officer which was allowed by order, dated 28.3.1981 upholding the entry of names in the revisional survey record. The petitioner being aggrieved with the said order filed revision application before the Director Consolidation who has rejected the application on 22.3.1983 and held that the survey entry in the revisional survey are correct.

(3.) The petitioner had purchased a piece of land by registered sale deed, dated 16.6.1978 executed by respondents 5, 6 and 7 in favour of Jatli Yadav appertaining to khata No. 27, plot No. 255 measuring .39 decimals and a sale deed, dated 16.6.1978 in favour of Bhutuni bearing plot No. 278, having an area of .83 decimals. The total lands purchased by two sale deeds was 1 acre 22 decimals. The interpretation of the sale deeds is of importance in this case. The recitals indicate that a part of the consideration money was paid and the rest was to be paid later. On the date on which the entire payment was made, the title of the land was to pass to the purchaser-petitioner. The consideration amount was not paid to the vendors as a result of which they executed a deed of cancellation on 30.8.1978. Subsequently on 28.12.1978 the money was tendered by the petitioner which was accepted by the vendor and a receipt was granted by the vendee.