- (1.) Challenge in this appeal is to the order passed by a learned Single Judge of the Allahabad High Court allowing the writ petition filed by the respondents. The writ petitioners had questioned order dated 24.2.1973 passed by the Assistant Settlement Officer, Consolidation, Jaunpur and the order dated 28.2.1978 passed by the Deputy Director, Consolidation Jaunpur who were the respondents 1 and 2 in the writ petition.
(2.) The factual position needs to be noted in brief as essentially the pivotal question relates to the applicability of the principle of res judicata. 2.1 One Gajadhar owned several lands situate in the villages of Kurthuwa, Meerapur Siroman, Manapur and Ghuskhuri, as fixed rate tenant, including the suit lands. The fixed rate tenancy of the lands in those villages was mortgaged by Gajadhar. Gajadhar died leaving behind him his widow Sirtaji, who through registered sale deed dated 8.6.1885 sold her right of redemption in regard to those lands to her relative Mata Badal. 2.2. On the death of Mata Badal, his wife Sheorani, sold the right of redemption in regard to some of the lands to third parties. After the death of Sheorani, the nephews of Mata Badal, namely Muneshwar, Bindeshwari and Bal Karan, sold the right of redemption in respect of the suit properties in Kurthuwa in favour of Bhagwan Din Singh (grandfather of appellant) under registered sale deed dated 19.6.1911. It would appear that after the purchase of equity of redemption, the said Bhagwan Din Singh cleared mortgage and was in possession of the suit lands. Bhagwan Din Singh died leaving him surviving his son Bhagwati Din Singh (father of appellant - respondent no. 3 in the writ petition from which this appeal arises). 2.3. Sirtaji who executed the sale deed on 8.6.1885 in favour of Mata Badal died in the year 1940. On her death, Ganga Prasad and Bhagwati Din (ancestors of Respondents 1 to 6 herein) filed four suits 97 to 100 for partition before the SDC, Machhli Shahar, Jaunpur, claiming that Gajadhar died issueless, that his wife Sirtaji had inherited only a life interest in the lands of her husband Gajadhar in the four villages, and that on her death, the lands of Gajadhar devolved on the near relatives of Gajadhar, namely plaintiffs 1 and 2 and Defendants 1 and 2 in the four suits, who were reversioners in regard to estate of Gajadhar. Suits 97, 98, 99 and 100 respectively related to the lands in the villages of Meerapur Siroman, Kurthuwa, Ghuskhuri and Manapur. Bhagwati Din Singh (father of Appellant) was impleaded as Defendant No.3 in suit no.98, as his father, Bhagwan Din Singh had purchased the right of redemption in respect of the Kurthuwa lands. 2.4. The following genealogical tree accepted in the earlier proceedings, traces Gajadhar's relationship with the plaintiffs (Ganga Prasad and Bhagwati Din Singh) and defendants 1 and 2 (Raj Narain and Chandra Bali), in the four suits as also with Mata Badal: JUDGEMENT_1_JT3_2008_1.html
(3.) The resultant position was that there was two diverse decisions in regard to the same sale deed dated 8.6.1885. The first in regard to Kurthuwa village lands in Suit No.98 (purchased by Bhagwan Din Singh) where it was held that the sale by Sirtaji in favour of Mata Badal on 8.6.1885 was not for legal necessity, that Mata Badal, a relative of her late husband by taking undue advantage of her young age had obtained the said sale deed from Sirtaji, and therefore, on her death, the reversioners of her husband's estate namely plaintiffs 1 & 2 (Bhagwan Din Singh and Ganga Prasad) and defendants 1 & 2 (Raj Narain and Chandar Bata) were entitled to the lands. Consequently, sales by persons claiming through Mata Badal did not have any title after the death of Sirtaji in the year 1940. On the other hand, the second decision, relating to Ghuskhuri and Manapur villages, in suit nos. 99 and 100, it was held that the sale by Sirtaji under deed dated 8.6.1885 in favour of Mata Badal was for legal necessity and therefore, Mata Badal got valid title and consequently, the sale deeds executed by persons claiming through Mata Badal were valid, and the suits filed by persons claiming to be reversioners in respect of the estate of Gajadhar did not have any right, title or interests in the lands sold by Sirtaji.;