Satish Chandra, J. - (1.) THIS ap peal arises out of a suit for ejectment under Section 209 of the U. P. Zamindari Aboli tion and Land Reforms Act.
(2.) LAL Sahai Singh plaintiff-respon dent No. 1 came to Court on the allegation that the defendant appellants had transfer red the plots in dispute to him under a registered deed of sale dated 9-7-1952. Sub sequently they dispossessed the plaintiff hence the suit. The appellants contested the suit, inter alia, on the ground that the deed of sale was fictitious and void. The trial Court held that the sale deed was valid. The plain tiff was a Bhumidhar. The suit was decreed. The decree was affirmed in appeal. The de fendants preferred a second appeal. The Board of Revenue held that on 9-7-1952 when the sale deed was executed the trans ferors were Sirdars and the Sirdari rights were not transferable. Section 43 of the Transfer of Property Act was applicable to transferable property only. On this view the appeal was allowed and the suit was dismissed.
(3.) THE plaintiff filed a writ petition in this Court. The learned Single Judge held that the transferors had in the sale deed made a representation that they were Bhu-midhars entitled to transfer. The plaintiff entered into the transaction on the faith that the representation was correct. Section 43 of the Transfer of Property Act was ap plicable, and the suit was liable to be dec reed. In this view of the matter the writ petition was allowed and the order of the Board of Revenue was quashed. It is ad mitted that the transferor obtained Bbumi-dhari rights under a Sanad dated 26-9-1959.;