SMT. RAJESHWARI Vs. DY. DIRECTOR OF CONSOLIDATION, UP LUCKNOW CAMP MIRZAPUR AND OTHERS

LAWS(ALL)-1971-1-51

HIGH COURT OF ALLAHABAD

Decided on January 04,1971

Smt. Rajeshwari Appellant

VERSUS

Dy. Director Of Consolidation, Up Lucknow Camp Mirzapur And Others Respondents

JUDGEMENT

Surendra Narain Dwivedi, Gursaran Das Sahgal, R.B. Misra, J. - (1.) In these two petitions a single question has been referred for opinion to this Bench. The question is: Do the sale deeds in the present case infringe the provisions of S. 5(c)(ii) of the Consolidation of Holdings Act? The sale deeds were executed after the statement of proposals had been confirmed and chaks had been allotted. The vendor sold the entire chak to the vendees. The facts of these cases are similar to the facts of Smt. Asharfunisa Begum v/s. Deputy Director of Consolidation ( : 1970 AWR 706). Smt. Asharfunisa Begum's case is a recent Full Bench decision. The Full Bench has held that S. 5(c)(ii) requires the permission of the Settlement Officer, Consolidation in the case of sale of a part of a holding and not in the case of sale of the entire holding. We are in full agreement with the opinion of the Full Bench. Accordingly we answer the question referred to us in the negative.;

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