NDLI: Rakesh & Ors. Vs. Board of Revenue U.p. & Ors. Etc.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	1950 Uttar Pradesh Zamindari Abolition and Land Reforms Act 131 and 134 ss.130
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	U.p. Zamidari Abolition and Land Reforms Act, 1950 (1 of 1951)
Case(s) Referred	Referred Case 0 Referred Case 1
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	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 withdeposit 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 ofU.P. Ordinance No.1 of 1977 – s.73 of U.P. Land Laws (Amendment)Act, 1977 dealt with transitory provisions – s.73(1) provided thatall proceedings for acquisition of bhumidhari rights under ss.134 and 135 of the 1950 Act as they stood immediately before 28.01.1977and 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 whereany proceeding has abated under sub-section (1) the amount deposited for the acquisition of such rights shall be refunded to theperson depositing the same or to his legal representatives as thecase may be – Thus, the claim of Sirdar to get Bhumidari rights onthe basis of his application with regard to two plot against whichrevision was filed stood terminated by virtue of provisions of s.73 –Hence, on the basis of the pendency of revision, no benefit couldbe 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.
Judge	Hon'ble Mr. Justice Ashok Bhushan
Neutral Citation	2019 INSC 336
Petitioner	Rakesh & Ors.
Respondent	Board Of Revenue U.p. & Ors. Etc.
SCR	[2019] 4 S.C.R. 677
Judgement Date	2019-03-08
Case Number	5040

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