N.D.OJHA, J. - (1.) This writ petition was referred to a Full Bench by a learned Single Judge of this Court for consideration of the question whether the decision of a Division Bench of this Court in the case of Dalip Singh v. Deputy Director of Consolidation, Moradabad 1976 All WC 112 required reconsideration in view of the fact that the decision of the Supreme Court in the case of Mathura Prasad v. Dossibai, AIR 1971 SC 2355 was not brought to the notice of the learned Judges who decided the case of Dalip Singh (supra). It is thus that this writ petition has come before us.
(2.) The facts and circumstances on account of which the aforesaid point arose for consideration may now be stated.
(3.) Smt. Murta, the grandmother of the petitioner, who had been appointed guardian of the petitioner under the Guardians and Wards Act, 1890, after obtaining the permission of the District Judge executed a sale deed on 27th August, 1963, in respect of certain agricultural plots of which the petitioner was the tenure-holder in favour of Gomati and Bachchan, respondents 3 and 4. These plots were situated in three villages-Khajuri, Harpur alias Dubaria and Sisai, Pargana Hasanpur Maghar, Tehsil Bansgaon, district Gorakhpur. Subsequently in the year 1965 Ram Deo, maternal uncle of the petitioner, was appointed guardian of the petitioner in place of Smt. Murta. After obtaining the permission in this behalf from the District Judge Ram Deo instituted a suit in the year 1965 in the Court of the Munsif for cancellation of the sale deed aforesaid. The suit was decreed by the Munsif. Against that decree an appeal was preferred by respondents 3 and 4. During the pendency of that appeal the three villages where the plots sold by Smt. Murta in favour of respondents 3 and 4 were situate were brought under consolidation operations. Three objections were filed by the petitioner inasmuch as the plots sold were situate in three villages. The appeal filed by respondents 3 and 4 against the decision of the Munsif was abated along with the suit filed by the petitioner under S.5 of the U.P. Consolidation of Holdings Act.;