- (1.) This petition arises out of consolidation proceedings.
(2.) It appears that Ram Singh, Respondent No. 6, purchased a half share of Bhumidhari interest of Gajraj Singh and others in an execution sale on 11-1-1961. During consolidation operations the Gaon Sabha raised on objection that since the purchaser possessed more than 12-1/2 acres of land he could not validly acquire any interest in the share of the holding purchased. The execution sale was in contravention of Section 154 of the U.P. Zamindari Abolition and Land Reforms Act and was as such void. The Depury Director of Consolidation has repelled this plea. He held that Section 154 was not attracted to an execution sale.
(3.) A Division Bench of this Court in Mst. Janatun Nisan and Ors. v. Mustafa Husain Khan and another,1956 AWR 788held that it was doubtful whether Section 154 would apply to an execution sale. The view of the Deputy Director of Consolidation cannot, therefore, be said to be manifestly erroneous.;