R.L. Gulati, J. - (1.) THIS petition Under Article 226 of the Constitution arises out of certain proceedings under the UP Consolidation of Holdings Act (hereinafter referred to as the Act).
(2.) THE facts giving rise to this petition are these. Sita Ram and Sri Krishna Rai alias Hari Kishan were two brothers and formed a joint Hindu family. They owned plot No. 29 in village Mustafabad in the district of Ghazipur. On 13 -5 -1951 Sita Ram died leaving behind his widow Smt. Nageshwari and four sons viz. Achhutanand, Sri Ram Rai, Hari Har Rai and Shambhu Rai. The plot in dispute was partly bhumidhari and partly occupancy land. After the abolition of zamindari, Sri Krishna Rai and the four sons of Late Sita Ram deposited on 19 -6 -1958 ten times the land revenue in respect of that part of the plot in dispute which was occupancy land and thus became bhumidhar of the entire plot. It appears, that on the same day the plot in dispute was sold to one Mohammad Sohrab Khan and his brother Wahab Khan for a sum of Rs. 5400/ -. At that time out of the four sons of Sita Ram only Achhutanand was major and the rest were minors. The sale deed was executed by Sri Krishna Rai and Achhutanand for himself and as the de facto guardian of his minor brothers. On the basis of the sale -deed the names of the vendees were entered in the revenue papers as bhumidhars of the plot in dispute and after the death of Wahab Khan the names of his two sons Mohd. Zakari Khan and Mohd. Shamshad Khan were substituted. Thereafter, the village in question came under the consolidation proceedings and after C.H. Form V and V -B were issued to the tenure -holders, objections were filed by the three minor sons of Sita Ram contending that Achhutanand and Sri Krishna Rai had executed a farzi sale -deed which was void as against them as they were minors and Achhutanand had no right to execute the sale deed on their behalf. This objection was rejected by the Consolidation Officer on 9 -7 -1966. On appeal, however, the objection was upheld by the Assistant Settlement Officer (Consolidation) by his order dated 16 -12 -1966. Against this order, Mohd. Sohrab Khan and the two sons of Wahab Khan went up in revision Under Section 48 of the Act. Their revision application, however, was dismissed by the Dy. Director of Consolidation, Ghazipur by his order dated 4 -9 -1967 on the ground that Achhutanand acting as a de facto guardian of the three minor sons of Sita Ram had no right to transfer the share of the minors by reason of Section 11 of the Hindu Minority and Guardianship Act, 1956. He, however, upheld the sale on behalf of Hari Krishna Rai and Achhutanand, major son of Sita Ram and thus held that out of the plot in dispute 5/8th belonged to the vendees and the remaining 3/8th belonged to three minor sons of Sita Ram. This petition is directed against the order of the Dy. Director of Consolidation as also against the order of the Assistant Settlement Officer (Consolidation).
(3.) MOHD . Sohrab Khan and the two sons of Wahab Khan, viz. Mohd. Zakari Khan and Mohd. Shamshad Khan are the Petitioners while the three minor sons of Sita Ram are Respondents second set and Achhutanand, major son of Sita Ram and Hari Krishna Rai are the Respondents third set.;