Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 – ss.130, 131 and 134 – Application filed by Sirdar (tenant) for grant of Bhumidar Rights in respect of three plots along with deposit of 20 times of land revenue – Sale deed executed by the Sirdar next day in respect of these plots – Application for grant of Bhumidar rights rejected in respect of two plots – Revision application filed by Sirdar challenging the same – Bhumidar Sanad granted to Sirdar in respect of one plot only but after his death – By Ordinance of 1977, Bhumidar with transferable rights were granted to every Sirdar referred to in ss.130 and 131 of the 1950 Act – Ordinance was substituted by 1977 Act – Suits filed by the purchaser of the three plots on the basis of sale deed executed by the Sirdar – Trial court dismissed the suits – Appellate Authority allowed the appeal only with regard to the plot to which Sanad was granted which order was upheld by Board of Revenue – Both the parties filed writ petitions – High Court allowed the writ petition of purchaser, decreed the suit in respect of other two plots also – On appeal, held: Under s.134 r/w s.137, a Sirdar after depositing 20 times of land revenue and making an application could obtain Bhumidhari Sanad – ss.130 and 131 of the 1950 Act were substituted by U.P. Ordinance No.1 of 1977 which was subsequently enacted as an Act namely, the U.P. Land Laws (Amendment) Act, 1977 – s.134 was omitted by the U.P. Land Laws (Amendment) Act, 1977 – The effect of the provision was that by statute, Bhumidhari right was conferred on Sirdar, w.e.f., 28.01.1977, the date of issue of U.P. Ordinance No.1 of 1977 – s.73 of U.P. Land Laws (Amendment) Act, 1977 dealt with transitory provisions – s.73(1) provided that all proceedings for acquisition of bhumidhari rights under ss.134 and 135 of the 1950 Act as they stood immediately before 28.01.1977 and all proceedings arising therefrom, pending on such date before any court or authority shall abate – Thus revision which was pending against the rejection of grant of Bhumidhari Sanad, stood abated by virtue of Ordinance No.1 of 1977 – s.73(2) provided that where any proceeding has abated under sub-section (1) the amount deposited for the acquisition of such rights shall be refunded to the person depositing the same or to his legal representatives as the case may be – Thus, the claim of Sirdar to get Bhumidari rights on the basis of his application with regard to two plot against which revision was filed stood terminated by virtue of provisions of s.73 – Hence, on the basis of the pendency of revision, no benefit could be taken by Sirdar – The benefit of a statutory provision shall be applicable to those Sirdars, who were Sirdars on the date when Ordinance was enforced, which subsequently became an Act – In the instant case, on 28.01.1977, Sirdar was already dead and his legal heirs were mutated in his place, thus, benefit of Ordinance No.1 of 1977 and the U.P. Act No. 8 of 1977 cannot be availed by Sirdar, so as to validate his sale deed with regard to two Plots – High Court committed error in allowing the writ petition filed by the contesting respondent and decreeing the suit – U.P. Zamindari Abolition and Land Reforms (Amendment) Ordinance, 1977 – U.P. Land Laws (Amendment) Act, 1977 – s.73 – Land Laws. Partly allowing the appeal, the Court
HELD: 1.1 Under Section 134 read with Section 137, a Sirdar after depositing 20 times of land revenue and making an application could obtain Bhumidhari Sanad. Sections 130 and
131 of U.P. Zamindari Abolition and Land Reforms Act, 1950 were substituted by U.P. Ordinance No.1 of 1977 - U.P. Zamindari Abolition and Land Reforms (Amendment) Ordinance, 1977, which was subsequently enacted as an Act namely, the Uttar Pradesh Land Laws (Amendment) Act, 1977. Section 134 was omitted by the Uttar Pradesh Land Laws (Amendment) Act, 1977. The effect of the provision was that by statute, Bhumidhari right was conferred on Sirdar, w.e.f., 28.01.1977, the date of issue of U.P. Ordinance No.1 of 1977, which was subsequently enacted as an Act, namely, U.P. Land Laws (Amendment) Act, 1977, which was deemed to have come into effect on 28.01.1977, the date of issuance of Ordinance. The most important provision, which needs to be noticed in the Uttar Pradesh Land Laws (Amendment) Act, 1977 is Section 73, which dealt with transitory provisions. [Paras 14, 15, 16] [690-E-G; 691-G-H; 692-A]
1.2 Section 73(1) provides that all proceedings for acquisition of bhumidhari rights under sections 134 and 135 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, as they stood immediately before 28.01.1977 and all proceedings arising therefrom, pending on such date before any court or authority shall abate. The revision against the order dated 23.05.1975 was pending against the rejection of grant of Bhumidhari Sanad, which stood abated by virtue of Ordinance No.1 of 1977. Section 73(2) provides that where any proceeding has abated under sub-section (1) the amount deposited for the acquisition of such rights shall be refunded to the person depositing the same or to his legal representatives as the case may be. Thus, sub-section (2) of Section 73 of U.P. Act No.8 of 1977 contemplated that all proceedings pertaining to grant of Bhumidhari Sanad shall be abated and amount deposited shall be refunded to the person applying or the legal representative. The consequence of the said provision is that the revision, which was filed by Sirdar stood abated and the amount so deposited was to be refunded to his legal representative. The claim of sirdar to get Bhumidari rights on the basis of his application dated 25.11.1974 with regard to Plot Nos. 243 and 503, thus, stood terminated by virtue of provisions of Section 73. In view of provisions of Section 73, the claim of Sirdar to get Bhumidhari rights on the basis of his application dated 25.11.1974 stood negated. Hence, on the basis of the pendency of revision, no benefit can be taken by Sirdar and High Court erred in law in holding that by Ordinance No.1 of 1977, Sirdar had also got benefited retrospectively. [Paras 17-19] [692-D-H; 693-A-B]
2. By statutory provision, i.e. Section 73, all pending applications and proceedings were abated and grant of Bhumidhari rights was contemplated under Sections 130 and 131, which was sought to be inserted by U.P. Ordinance No.1 of 1977. The benefit of a statutory provision shall be applicable to those Sirdars, who were Sirdars on the date when Ordinance was enforced, which subsequently became an Act. On 28.01.1977, Sirdar was already dead and his legal heirs were mutated in his place, thus, benefit of Ordinance No.1 of 1977 and the U.P. Act No. 8 of 1977 cannot be availed by Sirdar, so as to validate his sale deed dated 26.11.1974 with regard to Plot Nos. 243 and 503. High Court, thus, committed error in allowing the writ petition filed by the contesting respondent and decreeing the Suit No. 30 of 1978. [Para 20] [693-B-D]
Deo Nandan and Another v. Ram Saran and Others (2000) 3 SCC 440 : [2000] 2 SCR 209 – relied on.
Ram Sabodh and Another v. Deputy Director of
Consolidation,U.P., Faizabad and Others 1982 All. L.J. 1252 – held inapplicable
Ram Pyare v. Ram Narain and Others (1985) 2 SCC
162 : [1985] 2 SCR 918 – referred to
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
This page is for informational and research purposes only and does not constitute legal advice. Consult a qualified advocate for advice specific to your situation.