NDLI: Shiveshwar Prasad Narain Singh & Anr Vs. Gharahu & Anr. Etc.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	1950 U.P. Zamindari Abolition & Land Reforms Act
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 Dismissed
Headnote	U.P. Zamindari Abolition & Land Reforms Act, 1950 - Section 20 - Scope of. The U.P. Zamindari Abolition and Land Reforms Act, 1950 was enacted for the abolition of zamindari system which involved intermediaries between the tiller of the soil and the State. The Act provides for the acquisition of the rights, title and interest of intermediaries and to reform the law relating to land tenure consequent upon such abolition. Chapter II makes provision for acquisition of the interest of intermediaries and the consequences flowing therefrom. As from the date to be specified in a notification to be issued by the State Government all estates situate in the State shall vest in the State and all such estates shall stand transferred and vest, with certain exceptions, in the State free from all encumbrances.Section 20 confers the status of adhivasi on certain classes of tenants, sub-tenants and occupants. Section 20(a) (i) which seeks to confer on a tenant of sir the status of adhivasi provides that every person who is a tenant of sir would become an adhivasi of the land, unless he has become a bhumidar of the land under s. 18(2) or asami under s. 21 (h) and shall be entitled to take or retain possession thereof. Section 20(b) (i) provides that every person who was recorded as occupant of any land in the khasra or khatauni of 1356F shall become adhivasi except in certain cases. Section 21 (h) provides that every person who, on the date preceding the date of vesting occupied or held land as a tenant of sir a sub-tenant or occupant, shall be deemed to be an asami thereof. The plaintiff was an intermediary who held the land in dispute as sir under s. 18 of the Abolition Act and became a bhumidar of the land.In three different suits filed against the defendants the plaintiff claimed that she was entitled to recover possession from the defendants, who were tenants of sir on the ground that she was holding the suit lands as an intermediary and held the land as sir. She claimed that (i) she had become a bhumidar under s. 18 of the Act and (ii) she being a disabled person within the meaning of s. 157 of the Act and the defendant in each case being an occupant had become an asami by the combined operation of s. 20(b)(i) and. s. 21 (h) and, therefore, she was entitled to recover possession from the defendant in each suit. The defendants, in each suit on the other hand, claimed that he had become an adhivasi and therefore, the plaintiff was not entitled to recover possession.The plaintiff's suits were dismissed by the lower court. Appeals to the District Judge and the High Court were also dismissed. In appeal to this Court it was contended on behalf of the plaintiffs that if the tenant of sir who falls under s. 20(a) (i) is also recorded as occupant under s. 20(b)(i) in the khasra of 1356F he would become an occupant and would acquire the status of adhivasi under s. 20(b) (i) and in that event if the landholder of such occupant is a disabled person within the meaning of s. 157, such occupant would not be an adhivasi but shall be deemed to be an asami thereof in view of the provisions contained in s. 21 (h).
Judge	Hon'ble Mr. Justice D.A. Desai
Neutral Citation	1978 INSC 230
Petitioner	Shiveshwar Prasad Narain Singh & Anr
Respondent	Gharahu & Anr. Etc.
SCR	[1979] 2 S.C.R. 296
Judgement Date	1978-11-15
Case Number	1198-1200

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

Shiveshwar Prasad Narain Singh & Anr Vs. Gharahu & Anr. Etc.

Please Log-in to view this content

Budhan Singh & Anr. Vs. Nabi Bux & Anr.

Chandrika Prasad Vs. Pullo (dead) By Lrs. and Ors.

Amar Singh & Anr. Vs. Asstt. Director of Consolidation & Ors.

State of U.p. Vs. Smt. Sarjoo Devi & Ors.

Babu Noorul Hasan Khan Vs. Ram Prasad Singh & Ors.

Maharaj Singh Vs. State of Uttar Pradesh & Others

Pratap Singh@ Babu Ram and Anr Vs. Deputy Director of Consolidation, Mainpuri and Ors.

Birendra Pratap Singh and Another Vs. Gulwant Singh and Others

Ganga Devi & Ors. Etc. Vs. State of U.p.

Shiveshwar Prasad Narain Singh & Anr Vs. Gharahu & Anr. Etc.

Shiveshwar Prasad Narain Singh & Anr Vs. Gharahu & Anr. Etc.

Please Log-in to view this content

Similar Documents

Budhan Singh & Anr. Vs. Nabi Bux & Anr.

Chandrika Prasad Vs. Pullo (dead) By Lrs. and Ors.

Amar Singh & Anr. Vs. Asstt. Director of Consolidation & Ors.

State of U.p. Vs. Smt. Sarjoo Devi & Ors.

Babu Noorul Hasan Khan Vs. Ram Prasad Singh & Ors.

Maharaj Singh Vs. State of Uttar Pradesh & Others

Pratap Singh@ Babu Ram and Anr Vs. Deputy Director of Consolidation, Mainpuri and Ors.

Birendra Pratap Singh and Another Vs. Gulwant Singh and Others

Ganga Devi & Ors. Etc. Vs. State of U.p.

Shiveshwar Prasad Narain Singh & Anr Vs. Gharahu & Anr. Etc.