Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | UP Zamidari Abolition and Land Reforms Act Sirdari plots |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Land laws and agricultural tenancy:U.P. Zamidari Abolition and Land Reforms Act, 1950 - ss. 134 and 137 - Application for Bhumidari rights by Sirdar - Deposit of requisite land revenue - Entitlement to Bhumidhari rights - Effective date - Held: Sirdari becomes entitled to Bhumidhari rights with effect from the date of deposit of amount as contemplated by s. 134 - Certificate granted u/s 137 also relates back and is effective from the date of deposit of the amount - On facts, tenant deposited stipulated rent for conversion of Sirdari rights into Bhumidhari rights and on the same day executed sale deed, but died before issuance of requisite certificate - In such case, death of tenant would not invalidate the sale deed executed regarding Sirdari plots. 'R', tenant, deposited 20 times rent to convert the Sirdari rights into Bhumidhari rights. The same day R executed sale deed in respect of Sirdari plots. However, R died before any judicial order was passed for issuance of Sanad or Sanad was issued in favour of R. The courts below and the High Court held that till the death of R, certificate of Sanad was not issued in favour of R, the grant of Bhumidhari Sanad could not relate back to the date of deposit of rent and would not entitle the tenant to execute sale deed in respect of the Sirdari plots on the date of deposit of 20 times rent. Hence, the present appeal. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2007 INSC 1256 |
Petitioner | Bindha Prasad & Ors. |
Respondent | Bhan Datt (dead) By L.rs. |
SCR | [2007] 13 S.C.R. 7 |
Judgement Date | 2007-12-10 |
Case Number | 1579 |
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