NAUMAN AHMAD Vs. JAGDISH PRASAD JOSHI
LAWS(UTN)-2013-1-2
HIGH COURT OF UTTARAKHAND
Decided on January 04,2013

Nauman Ahmad Appellant
VERSUS
Jagdish Prasad Joshi Respondents

JUDGEMENT

- (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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