Satish Chandra, J. - (1.) HARBANS Singh, respondent No. 2, purchased the plots in dispute by a sale deed dated September 15, 1956 for Rs. 4,000-00. The sale deed mentioned not only Harbans Singh but also his two minor sons, namely, Kiran Pal Singh and Kiran Singh, respondents Nos. 3 and 4, as purchasers. Subsequently, Harbans Singh, on March 15, 1962, sold a two-third share in the plots in dispute to Dalip Singh, petitioner No. 1, for Rs. 9,000-00. The remaining one-third share in the plots was sold to petitioners Nos. 2 and 7 for a sum of Rupees 4,500-00.
(2.) IN 1967, Harbans Singh's sons, namely, respondents Nos. 3 and 4, filed a suit for the cancellation of the aforesaid two sale deeds executed by Harbans Singh, on the ground that they being minors, the sale deeds were invalid in respect of their shares in the plots. During the pendency of the suit, a notification under Section 4 of the U. P. Consolidation of Holdings Act was published. Thereupon the suit was abated by the Court. The two sons of Harbans Singh filed an objection in the consolidation proceedings which was partly allowed by the Consolidation Officer. The matter was taken up in appeal. The Settlement Officer held : "In the sale deeds, he (Harbans Singh) has admitted that the land was purchased by him with his own money in his name and also in the name of his sons." The Settlement Officer held that the real purchaser of the land was Harbans Singh, his sons being only Benamidars. He was, therefore, entitled to sell the land to the petitioners. On this view, the sale deeds were upheld and the objections of the two sons of Harbans Singh were repelled.
(3.) THE respondents went up in revision. At the hearing, the petitioners were not represented because their counsel was ill. The Deputy Director proceeded to hear the revision in their absence. He went into the merits of the revision and held that it was not open to the Settlement Officer to give a finding on the question whether the names of the two sons of Harbans Singh were entered as Farzi because there was no such plea taken in the objections by them. On this principal finding, the revision was allowed and it was directed that the names of Kiran Pal Singh and Kiran Singh, the two sons of Harbans Singh, will be recorded along with Jhutha Singh and Dalip Singh.;