C.D. Parekh, J. - (1.) THIS writ petition has been directed against the order of the Board of Revenue, UP., dated 18 -3 -1964 Annexure F to the writ petition and also against the order of the Commissioner, Kumaon Division, dated 7 -8 -1961 Annexure D to the writ petition.
(2.) THE facts of the case are that the Petitioner filed a revenue suit under serial No. 9 of the 1st Schedule of Kumaon Tenancy Rules in the court of the Assistant Collector 1st Class, Ranikhet, against Respondents 3 to 7 for cancellation of a sale deed dated 17 -10 -1957 executed by Respondent No. 7 in favour of Respondents Nos. 3 to 6. This suit was filed by the Petitioner as a representative suit claiming in himself the same right as the right of other Defendants to the suit. The Plaintiff claimed that he was the representative on behalf of the Khaikars of village Garsari. It was contended by the Petitioner in this suit that Respondent No. 7 did not possess any transferable right in a joint khaikari holding and therefore, the sale deed be avoided and cancelled. Various other grounds were taken in the plaint with which I am not concerned in this writ petition. It was contended on behalf of Respondents Nos. 3 to 6 that the transfer of Khaikari property to them was not void or voidable as they themselves were khaikars in the village and were not outsiders.
(3.) THE Assistant Collector 1st Glass, Ranikhet, held that the transfer in the case has been challenged by the Petitioner (Plaintiff) in a representative capacity on behalf of the Khaikar body as a whole of the village but the Plaintiff cannot get any benefit because the non transferability of the Khaikar tenure is intended to keep out the rank outsiders and not the Respondents 3 to 6 who were Khaikars in the village. In the opinion of the Assistant Collector the rule that the Khaikars cannot sell their holdings does not apply to a transfer in favour of another Khaikar. The suit was thus dismissed by the Assistant Collector.;