Jaswant Singh and Others vs State of Uttar Pradesh and Others

R.B. Mishra and; S. Murtaza Fazal Ali, JJ-Heard counsel for the parties. In the instant case, the only plea which has been pressed before us is that the sale deed in question has been rejected by the Prescribed Authority and affirmed by the District Judge and the High Court although two registered sale deeds in respect of the same land and by the same vendor had been accepted by the Prescribed Authority as transactions executed in good faith and for adequate consideration. In respect of those sale deeds, the matter had been remitted to the Prescribed Authority. If the land is the same and the vendor was also the same, there is a certain amount of inconsistency in the finding of the authorities concerned that while the two sale deeds are genuine and for adequate consideration, the third one is not. No distinctive feature of the sale deed in question has been furnished before us. We therefore remit this case to the Prescribed Authority. The Prescribed Authority will take further evidence of the parties as may be adduced before him and reconsider the question whether or not the sale deed in question along with the other two sale deeds which have been held to be genuine and for adequate consideration, was executed in good faith and for adequate consideration. The petitioner will appear before the Prescribed Authority on April 10, 1981.