Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Zamindari Abolition and Land Reforms Act 1950 : Section 2l(l)(h}. |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | UP Zamindari Abolition and Land Reforms Act, 1950 : Section 21(1)(h). Disabled person- Successor in interest of-Also a disabled person- Held such a person is Asami and therefore Sirdar. Disabled Sirdar-Sub lease of land to Adhivasis-Death of Sirdar-Father successor in interest of Sirdar-Also a disabled person-Claim of Asami right by father-Adhivasis in possession and enjoyment of land for over 45 years-equitable directions by Supreme Court-Directions to Adhivasis to pay half the market value to successor in interest-Declaration of Adhivasis as Bhumidars. The appellant's son, a disabled Sirdar, sub leased 40.99 acres of E land, which is the subject matter of this appeal, to respondents 3 to 10. Subsequent to the death of his son the appellant, also a disabled person, succeeded to his estate. The respondents, who were cultivating the land and have Bhumiswami rights, claimed the status as Adhivasis under the U.P. Zamindari Abolition and Land Reforms Act, 1950 while the appellant claimed the Asami right. The Assistant Settlement Officer rejected the appellant's claim and held that the respondents became Adhivasis under the Act. On appeal it was held that the appellant is a disabled person and that therefore, he became the Asami. On revision the Deputy Director (Consolidation) held that the appellant was not entitled to the status as a disabled person. The High Court upheld the order of the Deputy Consolidation Officer. Hence this appeal. Disposing the appeal |
Judge | N/A |
Neutral Citation | 1995 INSC 816 |
Petitioner | Mustaq Ali Khan (dead) By Lrs. |
Respondent | Deputy Director Of Consolidation And Ors. |
SCR | [1995] Supp. (6) S.C.R. 4 |
Judgement Date | 1995-11-30 |
Case Number | 788 |
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