JUDGMENT S.D. Khare, J. - This is a petition Under Article 226 of the Constitution of India With the prayer that a writ of certiorari be issued calling upon the Dy. Director of Consolidation, UP, Camp at Aligarh (opp. party No. 1) to produce the record of revision case No. Ill of 1963-64 u/s 48 of the UP Consolidation of Holdings Act, village Edalpur, pargana and tahsil Khair, district Aligarh, Sher Singh v. Ram Swarup, decided on 27th May, 1964, so that the order passed in that revision case may be quashed. 2. The facts leading to the writ petition, briefly stated, are that certain plots of khata No. 313, situate in village Nagaria Darkana, mazra Edalpur, district Aligarh, were sirdari plots of Sher Singh and others in which Sher Singh had a half share. On 13th August, 1958 the aforesaid Sher Singh deposited ten times of the rent to become bhumidhar of the plots in suit and on the same date he executed a sale deed in favour of the Petitioner and delivered possession over the plots to him. When the mutation proceedings were started Sher Singh and Daryao raised an objection, but subsequently the matter was compromised and on 23rd August, 1959, the plots were mutated in the name of the Petitioner. Inspite of the fact that a compromise had been arrived at during the mutation proceedings, Sher Singh instituted a civil suit for a declaration that the sale deed was invalid on account of fraud, undue influence and lack of consideration. That suit, however, failed and an appeal against that decision was pending when the village, where the plots in question lay, came under consolidation operations. As a result of the notification u/s 4 of the UP Consolidation of Holdings Act the proceedings before the appellate court were stayed. During the course of the consolidation proceedings Sher Singh filed an objection on those very grounds on which his suit filed earlier was based. The Consolidation Officer allowed the objection of Sher Singh on the ground that on the date the transfer was made in favour of the Petitioner Sher Singh had not become the bhumidhar of the plots is dispute and was, therefore, not entitled to transfer them in favour of the Petitioner. The Assistant Settlement Officer, Consolidation, who heard the appeal against that decision, allowed that appeal. The Assistant Settlement Officer, Consolidation, who heard the appeal against that decision, allowed that appeal. Against the decision of the Assistant Settlement Officer, Consolidation, a revision application u/s 48 of the UP Consolidation of Holdings Act was filed by Sher Singh and the Dy. Director allowed the revision and restored the order of the Consolidation Officer. 3. The only ground on which the Dy. Director of Consolidation allowed the revision was that the sale deed having been executed on the data when the deposit was made was' invalid because Sher Singh, the vendor, had not become the bhumidhar of that land immediately on making the deposit but he became its bhumidhar on a subsequent date when the order in his favour was passed u/s 137 of the UP ZA and LR Act, 1951. The contention of the Petitioner is that the Dy. Director of Consolidation has committed an error of law apparent on the face of the record in interpreting Sections 134 and 137 of the UP ZA and LR Act and that according to the correct interpretation of those provisions of law he should have held that Sher Singh had become bhumidhar of the land in question immediately on depositing ten times of the rent. 4. During the course of his arguments and in support of his contention that opposite parties Nos. 1 and 2 had committed an error apparent on the face of the record the learned Counsel for the Petitioner has further contended that in any view of the matter the benefit of Section 43 of the Transfer of Property Act should have been given to the purchaser and the sale made in his favour should not have been disturbed. 5. In the counter affidavit which was filed by Sher Singh the fact of the execution of the sale deed in favour of the Petitioner was not denied. It was also not disputed that Sher Singh had subsequently become the bhumidhar of the land in question. His main contention was that the sale deed in question was got executed by the Petitioner by practicing fraud and undue influence upon him and without payment of proper consideration. Sher Singh further contended that he was in actual possession over the plots in question. His main contention was that the sale deed in question was got executed by the Petitioner by practicing fraud and undue influence upon him and without payment of proper consideration. Sher Singh further contended that he was in actual possession over the plots in question. In other words, the contention raised by him amounts to the plea that even if it be assumed that Sher Singh had become the bhumidhar of the land on the date of the deposit the sale deed was vitiated by fraud and also for want of consideration. 6 As observed by us earlier, the judgment of the Dy. Director of Consolidation disposing of the revision application clearly shows that the claim of the Petitioner has been negatived on one ground only, to wit, that on the date the sale deed in favour of the Petitioner was executed, Sher Singh had not become the bhumidhar of the land in question. It is not disputed that the order u/s 137 of the UP ZA and LR Act, 1951, declaring Sher Singh to be the bhumidhar of the land in suit was passed on 4th November, 1958. 7. The petition w s first listed for hearing before a learned single Judge of this Court who observed that while interpreting Sections 134 and 137 of the ZA and LR Act, 1951, as they stood on 13th August, 1958, divergent views have been expressed by learned single Judges of this Court in some of the cases coming up for decision before them. In the case of Tikam Singh v. Chhatra Pal Singh 1963 AWR 395 Dwivedi, J. had taken the view that upon a proper interpretation of Sections 134 and 137 of the ZA and LR Act the Applicant became the bhumidhar only with effect from the date of the grant of certificate u/s 137 and not from the date of the deposit, while in subsequent decisions in the cases of Niau v. Kunwar Sen 1966 RD 35 , decided by Tripathi, J. and Abdul Latif v. Abdul Hakim Khan 1965 AWR 456 and Bankey Singh v. Dharamdeo Singh 1965 AWR 474 decided by S.N. Singh, J. the view taken was that the depositor became the bhumidhar from the date of the deposit. 8. 8. After the decision of the case of Tikam Singh v. Chhatrapal Singh (supra) Section 137 of the ZA and LR Act, 1951, has been amended so as to make it clear that upon the grant of a certificate u/s 137 the depositor becomes a bhumidhar with effect from the date of the deposit. The learned single Judge, therefore, in view of the apparent conflict between the lines of reasoning adopted in the two sets of cases mentioned above directed that the record of the writ petition be laid before the Hon'ble the Chief Justice so that the matter may be decided by a larger Bench. That is how this writ petition has come up before us for disposal. 9. We have heard the learned Counsel for the parties and examined the record. We are of the opinion that this petition should be allowed. 10. In view of the conflict in the decisions of the learned single Judges of this Court on the question of interpretation of Sections 134 and 137 of the UP ZA and LR Act, reference was made by a learned single Judge of this Court in Second Appeal No. 4276 of 1964 for deciding the following matters of controversy: (1) Whether on a correct interpretation of Sections 134 and 137 of UP Act No. I of 1951 as it stood prior to its amendment by the UP Land Laws Amendment Act No. 21 of 1962 the benefit of a certificate granted u/s 137(1) of the Act enures to the benefit of a tenure-holder from the date of its grant or from the date of his depositing the amount of ten times the land revenue as provided u/s 134? (2) Whether the amendment of Section 137 of UP Act No. I of 1951 by Section 6 of the UP Land Laws Amendment Act No. 21 of 1962 is retrospective in its operation? 11. (2) Whether the amendment of Section 137 of UP Act No. I of 1951 by Section 6 of the UP Land Laws Amendment Act No. 21 of 1962 is retrospective in its operation? 11. It was held by a Division Bench of this Court, (of which one of us was a member) that on a correct interpretation of Sections 134 and 137 of the UP Act No. I of 1951, as it stood prior to the amendment of 1962, the benefit of a certificate granted u/s 137(1) enures to the benefit of a tenure holder from the date of grant and not from the date of deposit of the amount of ten times land revenue and that the 1962 amendment was not retrospective in operation. 12. In view of the above decision in the unreported case of Dhani Ram v. Jokhu (S.A. No. 4276 of 1964, D/-7-11-1969) (supra), we need not consider the divergent views expressed by the learned single Judges of this Court. We respectfully agree with the view expressed in the case of Dhani Rlam v. Jokhu (supra). 13. The contention of the Petitioner that the interpretation placed by the Dy. Director of Consolidation on Sections 134 and 137 of the UP ZA and LR Act, as they stood on 13th August, 1958 was wrong is, therefore of no avail. 14. The learned Counsel for the Petitioner has, therefore, placed his reliance on Section 43 of the Transfer of Property Act and contended that inasmuch as the bhumidhari sanad was granted to Sher Singh on 4th November, 1958, during the continuance of the sale deed, he must be held to be estopped from raising the contention that he was not the owner of the land on the date of the transfer, that is, on 13th August, 1958. The question to be considered, therefore, is whether the provisions of Section 43 of the Transfer of Property Act would apply to the facts of the present case. 15. A perusal of the judgment of the Asstt. Settlement Officer, Consolidation given on 11th December, 1963 and that of the Dy. Director of Consolidation on revision passed on 27th May, 1964, will clearly indicate that no question of fact was considered by those authorities with regard to the plea u/s 43 of the Transfer of Property Act. There is no mention of that plea in the judgment of the Asstt. Director of Consolidation on revision passed on 27th May, 1964, will clearly indicate that no question of fact was considered by those authorities with regard to the plea u/s 43 of the Transfer of Property Act. There is no mention of that plea in the judgment of the Asstt. Settlement Officer, Consolidation. The Dy, Director of Consolidation has considered the plea of Section 43 of the Transfer of Property Act as he was bound to do, because he was allowing the revision application, but while doing so he did not record any finding of fact with regard to that plea. We have also noted that although the Asstt. Settlement Officer, Consolidation, has negatived the plea of Sher Singh with regard to the practice of fraud alleged by him in respect of the execution of the sale deed and the want of consideration, the Dy. Director of Consolidation did not care to record any finding on those points also. It is difficult to understand how the revision application could be disposed of without recording any finding on those vital points. We are not prepared to accept the contention that Section 43 of the Transfer of Property Act can in no circumstance be applicable to the facts of the case on the ground that in case effect is given to Section 43 of the Transfer of Property Act the provision of law as contained in Section 153 of the UP ZA and LR Act which prohibits the transfer of sirdari rights would become nugatory. 16. Section 43 of the Transfer of Property Act reads as follows: Where a parson fraudulently or erroneously represents that he is authorised to transfer certain immovable property and professes to transfer such property for consideration, such transfer shall, at the option of the transferee, operate on any interest which the transferor may acquire in such property at any time during which the contract of transfer subsists. Nothing in this section shall impair the right of transferees in good faith for consideration without notice of the existence of the said option. It was held in the case of The Jumma Masjid, Mercara Vs. Kodimaniandra Deviah, AIR 1962 SC 847 that where the vendor acquired title to the property sold by succession subsequent to the date of the execution of sale deed by him, Section 43 of the Transfer of Property Act should be applied. It was held in the case of The Jumma Masjid, Mercara Vs. Kodimaniandra Deviah, AIR 1962 SC 847 that where the vendor acquired title to the property sold by succession subsequent to the date of the execution of sale deed by him, Section 43 of the Transfer of Property Act should be applied. It was further held that it will not have the effect of nullifying Section 6(a) of the Transfer of Property Act. The Supreme Court observed as follows: But Section 6(a) and Section 43 relate to two different subjects and there is no necessary conflict between them. Section 6(a) deals within certain kinds of interests in property mentioned therein and prohibits a Transfer Simpliciter of those interests. Section 43 deals with representations as to title made by a transferor who had no title at the time of transfer and provides that, the transfer shall fasten itself on the title which the transferor subsequently acquires. Section 6(a) enacts a rule of substantive law, while Section 43 enacts a rule of estoppel which is one of evidence. The two provisions operate on different fields and under different conditions and we see no ground for reading a conflict between them or for cutting down the ambit of the one by reference to the other. In our opinion, both of them can be given full effect on their own terms, in their respective spheres. To hold that transfers by persons who have only a spes successionis at the date of transfer are not within the protection afforded by Section 43 would destroy its utility to a large extent. It is also contended that as under the law there can be no estoppel against a statute, transfers which are prohibited by Section 6(a) could not be held to be protected by Section 43. There would have been considerable force in this argument if the question fell to be decided solely on the terms of Section 6(a). Rules of estoppel are not to be resorted to for defeating or circumventing prohibits enacted by statutes on grounds of public policy. But here the matter does not rest only on Section 6(a). We have, in addition, Section 43, which enacts a special provision for the protection of transferees for consideration from persons who represent that they have a present title, which, in fact, they have not. But here the matter does not rest only on Section 6(a). We have, in addition, Section 43, which enacts a special provision for the protection of transferees for consideration from persons who represent that they have a present title, which, in fact, they have not. And the point for decision is simply whether on the facts the Respondents are entitled to the benefit of this section. If they are, as found by the courts below, then the plea of estoppel raised by him on the terms of the section is one pleaded under and not against the statute. 17. The view taken by the Supreme Court was that Section 6(a) of the Transfer of Property Act must apply to cases where professedly there is a transfer of a mere spes successionis, the parties knowing that the transferor had no more right than that of a mere expectant heir. It was further observed that the same result would follow if the parties knowing the full facts fraudulently clothe the transaction in the garb of an out and out sale of the property. It was however, made clear that where an erroneous representation is made by the transferor to the transferee that he is the full owner of the property transferred and is authorised to transfer it and the property transferred is not a mere chance of succession but immovable property itself and the transferee acts upon such erroneous representation, then even if the transferor happens later, but before the contract of transfer comes to an end, to acquire an interest in that property, no matter whether by private purchase, gift, legacy or by inheritance or otherwise, the previous transfer can at the option of the transferee operate on the interest which has been subsequently acquired, although it did not exist at the time of the transfer. 18. The decision in the case of Jumma Masjid, Mercara (supra) would apply on all fours to the facts of the present case if we substitute Section 153 of the ZA and LR Act in place of Section 6(a) of the Transfer of Property Act. 18. The decision in the case of Jumma Masjid, Mercara (supra) would apply on all fours to the facts of the present case if we substitute Section 153 of the ZA and LR Act in place of Section 6(a) of the Transfer of Property Act. In case the transfer is made of sirdari rights as such or in case it is knowingly given the garb of an out and out sale although the parties knew that on the date of the sale the transferor was merely a sirdar and not a bhumidhar so Section 43 of the Transfer of Property Act will not apply. However, no presumption can be raised that both the vendor and the vendee knew on the date of the sale that the vendor was merely a sirdar and had not till then become the bhumidhar of the land in question. The wordings of Section 134 of the ZA and LR Act might Well have led the parties to the sale to believe that the vendor had become a bhumidhar from the date of deposit. 19. The Supreme Court held in the case of Juma Masjid, Mercara (supra) that where the transferee knew as a fact that the transferor did not possess the title which he represents he has, then he cannot be said to have acted on it when taking a transfer. But where the transferee does act on the representation, there is no reason why he should not have the benefit of the equitable doctrine embodied in Section 43, however fraudulent the act of the transferor might have been. 20. In view of what has been observed by the Supreme Court in the case of Juma Masjid v. Kodimaniandra Deviah (supra) it is clear that the Dy. Director of Consolidation could not have allowed the revision application Without recording a clear finding of fact that on the date of the execution of the sale deed the transferee knew as a fact that the transferor was merely a sirdar and not a bhumidhar of the land in question and that he had not in fact been misled by the representation made by the transferor. Unless that finding was recorded, Section 43 of the Transfer of Property Act would be clearly applicable to the facts of the present case. Unless that finding was recorded, Section 43 of the Transfer of Property Act would be clearly applicable to the facts of the present case. The view taken by Gangeshwar Prasad, J. in the cases of Jagat Narain v. Laljee 1964 AWR 646 and Smt. Annapurna v. Munshi 1967 AWR 198 is to that very effect and e respectfully agree with the same. 21. In view of what has been observed in the preceding paragraphs, the order passed by the Dy. Director of Consolidation on 27th May, 1964, cannot be allowed to stand. It is hereby quashed. The Dy. Director of Consolidation will now proceed to dispose of the revision application in the light of the observations made above and in accordance with law. We make no order as to costs.