NAUMAN AHMAD Vs. JAGDISH PRASAD JOSHI
HIGH COURT OF UTTARAKHAND
Jagdish Prasad Joshi
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(1.) HEARD learned counsel for the petitioners as well as
learned counsel for the respondent no.1 and perused the record.
(2.) SINCE the controversy involved in these two petitions is similar, therefore, the stay applications moved in these two cases is
being disposed of by this common order.
Learned counsel for the petitioners has contended that Mohd. Yakub was the record tenure holder of the land in question.
He sold the property to the petitioners through registered sale deed
dated 21-9-2005. During the mutation proceedings, Yakub died
and the name of his son was recorded by Supervisor Kanungo.
(3.) DURING the pendency of mutation proceedings, a suit for cancellation of sale deed was also filed by the son of Yakub,
namely Mohd. Harun-respondent no.2. Thereafter the respondent
no.1had purchased the land in question from the son of Yakub, the
respondent no.2-Harun. Tehsildar in mutation proceeding kept the
mutation application of the petitioner pending and allowed the
mutation application of respondent no.1.;
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