NDLI: Muneshwar (dead) By Lrs Vs. Raja Mohammad Khan and Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	U.P. Zamindari Abolition and Land Reforms Act 1950 : Sections 209 and 210 U.P. Consolidation of Holdings Act Appendix-III Constitution of India Entry 30 1950 Ss. 5 and 9 U.P. Zamindari Abolition and Land Reforms Rules 1953 Art. 226. 1952
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 Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Tenancy and Land Laws :U.P. Zamindari Abolition and Land Reforms Act, 1950 : Sections 209 and 210.Suit filed for partition of land under S. 176 decreed-During pend ency of appeal S deposited ten times of the land revenue and obtained 'Bhumiarii sanad' of the land in his name-Thereafter, S executed sale deed in favour of respondents ill respect of the land in his share under the decree-Appeal against decree dismissed and it became final-But decree never executed-Appellant remained in possession of the land throughout-Respondents filed suit for possession under S . 209 after more than 6 years from the date provided in Entry 30 of Appendix III to the Rules-Suit abated under S. 5 of the Consolidation Act in view of notification under S. 4 thereof for bringing the land in the district under consolidation operations-Then in pursuance to S. 9 of the Consolidation Act the appellant brought proceedings before the Consolidation Officer on the grounds that the disputed land was wrongly entered in the names of the respondents and that the appellant was in possession of the land for the last 20 years-Authorities under Consolidation Act concurrently found that it was the appellant who was in possession of the land and since the suit under S. 209 was not filed within the period of limitation the appellant became a 'Sirdar' thereof in view of S. 21(}-High Court in writ petition filed by respondents took the view that the suit was filed within limitation and it abated because of start of consolidation operations and that 'sirdari' rights did not accrue in favour of the appellants and that even if the respondents could not get possession after final decree no right accented in favour of the appellant within that period-Therefore, High Court quashed the order passed by Consolidation Authorities-Held : Since final decree in the partition suit by S could not be executed it is debatable if recourse could be had to S. 209, particularly when share of S had not been separated and possession always remained with appellant-Moreover, in the suit for possession under S. 209 no decree was passed as that suit had abated-Consequences, as given in S. 210 follow when there is failure to file suit under S. 209 or to execute a decree obtained thereunder-Accordingly,. the authorities under the Consolidation Act concluded that the suit under S. 209 was filed beyond the period of limitation and conferred 'sirdari' rights on the appellant-In the circumstances of the case, High Court erred in interfering in the writ jurisdiction to upset the concurrent findings of the authorities ·under the Consolidation Act-U.P. Consolidation of Holdings Act, 1953, Ss. 5 and 9--U.P. Zamindari Abolition and Land Reforms Rules, 1952, Entry 30 Appendix-Ill-Constitution of India, 1950, Art. 226.One S filed a suit for partition of land under Section 176 of the U.P. Zamindari Abolition and Land Reforms Act, 1950, which was decreed. During the pendency of the appeal against the decree, S deposited ten times of the land revenue and obtained 'Bhumidari sanad, of the land in his name. Thereafter, S executed sale deed in favour of the respondents in respect of the land in his share under the decree. The appeal against the decree was dismissed and the decree became final. But the decree was never executed and the appellant remained in possession throughout. The respondents filed a suit for possession of the land under Section 209 of the Zamindari Abolition Act after more than six years from the date provided in Entry 30 of Appendix III to the U.P. Zamindari Abolition and Land Reforms Rules, 1952. However, the suit abated nuder Section 5 of the U.P. Consolidation of Holdings Act, 1953 vide notification issued under Section 4 of the Consolidation Act for bringing the land in the district under consolidation operations. Then in pursuance to Section 9 of the Consolidation Act the appellant brought proceedings before the Consolidation Officer on the ground that the disputed land was wrongly entered in the names of the respondents and that the appellant was in possession of the land for the last twenty years. The authorities under the Consolidation Act concurrently found that it was the appellant who was in ·possession of the land and the suit under Section 209 of the Zamindari Abolition Act not having been filed within the period of limitation the appellant had become 'Sirdar' thereof in view of Section 210 of that Act. The High Court in the writ petition filed by the respondents took the view that the suit was filed by the respondents within limitation and it abated because of the start of consolidation operations and that it could not be said that 'sirdari' right accrued in favour of the appellant. The High Court further held that even if the respondents could not get the possession after the final decree, no rights accrued in favour of the appellant within that period and as such it quashed the order passed by the consolidation authorities. Hence this appeal.
Judge	Hon'ble Mr. Justice D.P. Wadhwa
Neutral Citation	1998 INSC 316
Petitioner	Muneshwar (dead) By Lrs
Respondent	Raja Mohammad Khan And Ors.
SCR	[1998] Supp. (1) S.C.R. 53
Judgement Date	1998-08-20
Case Number	2057

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