In Brief
Four brothers were co-tenure holders of Abadi (residential) land declared outside the consolidation scheme ('Chakout'). One brother sold his 1/4th share to respondents. The three remaining brothers sued for permanent injunction, claiming the sale was void because no permission was obtained from the Settlement Officer (Consolidation) under Section 5(c)(ii) of the U.P. Consolidation of Holdings Act, 1953. The Supreme Court dismissed the appeal, holding that Section 5(c)(ii) applies only to land subject to consolidation proceedings. Since the Abadi land was declared outside the scheme and could not be allocated to any other person, no permission was required for its transfer.
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