- (1.) HEARD Sri S. Mirza, learned counsel for petitioners and Sri M.A. Khan, learned senior counsel for contesting respondents.
(2.) THIS writ petition arises out of consolidation proceedings pertaining to title. Petitioners purchased the agricultural land in dispute from Rizwani, the recorded tenure holder and applied for mutation under Section 12 of U.P. Consolidation Holdings Act as consolidation proceedings had started. Matter pertains to chak No.668, area 1.65 acre. Petitioners had purchased the property on 28.08.1974 and filed application on 24.11.1978. Contesting opposite parties, Noor Mohd and Nigah Mohd., opposite parties No.2 and 3 also filed objections and claimed that under an earlier compromise decree Smt. Rizwani was restrained from alienating the property, hence sale deed was void.
(3.) HALF of the property had been purchased by petitioners No.1 and 2, Heera Lal and Dhaniram and rest half by Jagdish and Ramadhar, petitioners No.3 and 4 through two sale deeds of the same date, i.e. 24.11.1978 from Smt. Rizwani. The cases were registered before C.O. Final Record -II District Gonda as Cases No.70 and 71. Smt. Rizwani was widow of Sher Ali. Noor Mohd. and Nigah Mohd., opposite parties No.2 and 3 were sons of Amanat Ali, who was real brother of Sher Ali. Sher Ali died in the year 1953. Suit for possession in respect of the share of Sher Ali in the agricultural land in dispute was filed by Smt. Rizwani against Amanat Ali, which was decreed. Against the said order Amanat Ali filed Appeal No.118/196. The appeal was decided in terms of compromise by Civil Judge, Gonda through decree dated 12.01.1962. The compromise was that over agricultural land comprised in certain specified plots, total 11 in number, area 2.11 acres Smt. Rizwani, widow of Sher Ali will remain sirdar in possession until her life time and after her death, the said property would devolve upon Amanat Ali and his sons as successors of Sher Ali.;