- (1.) THE petitioners are claiming themselves to be the purchaser of the property from those who have purchased from the heirs of the respondents. THE respondents claim themselves to have purchased the land in dispute from the power of attorney holder of Sukkhan Singh.? Sri P.K.Singh learned counsel for the petitioners submits that the crucial question is the date of death of Sukkhan Singh which according to him is 22.5.1981 and as set out by the respondent is 30.7.1989.
(2.) THE Deputy Director of Consolidation has clearly noted the said contention of the parties.? According to Sri P.K.Singh no finding has been recorded either by the Deputy Director of Consolidation or by any of? the authorities below. Sri R.C.Singh learned counsel for the respondents contends that the petitioners have no locus to contest this matter and that the death certificate of Sukkhan Singh had been produced about which a reference has been made by the Deputy Director of Consolidation. Broadly to the mind of the Court the respondents and the petitioners both are sailing in the same boat inasmuch as the transfer of the holding would be governed if the sale deed was validly executed by the power of attorney holder during the life of the tenure holder. The consequences would? therefore obviously follow and if the date of death of Sukkhan Singh has not been established and if no finding has been recorded thereon, then the matter will have to be remitted back to the courts below for consideration on this vital issue. Since the parties are agreed? for a final disposal and no counter affidavit is? either proposed to be filed or required, the matter is being decided finally at this stage. In view of the said submissions raised and in view of the fact that the Deputy Director of Consolidation has failed to record any categorical finding on this issue, the impugned order dated 17.12.2011 is quashed. The Deputy Director of Consolidation shall proceed to examine, this issue relating to the date of death of Sukkhan Singh and thereafter proceed to record his finding as that would be crucial for the purpose of deciding the claim of either of the parties.? The same shall be decided within a period of three months in accordance with law. The writ petition is allowed. No order as to costs.;