LexHARNAM SINGH (DEAD) THROUGH LRS ETC versus SMT. KHEMA KUNWAR (DEAD) THROUGH LRS AND OTHERS
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A HARNAM SINGH (DEAD) THROUGH LRS ETC. v. SMT. KHEMA KUNWAR (DEAD) THROUGH LRS AND OTHERS MAY 2, 1994 B [K. RAMASWAMY AND N. VENKATACHALA, JJ.] Tenancy and Land laws : United Provinces Tenancy Act 1939-Clauses (7), (II), ( 18), (23), (24) C of Section 3 read with Sections 2Il, 212,222'-'Thekanama' in favour of '1hekedar' in respect of Sir Lands, prior to coming into force of the Act. U.P. Zamindari Abolition and Land Refonns Act, 1951>--Definition of ' 'land-holder'-Sections 3, 4, 20(b), 21(/)(h) and 157-whether a widow belonging to a class of disabled persons under Section 157 could be regarded D as a "land holder" envisaged under Section 21( I)(h) respecting her Sir lands; which a "Thekedar" under a "1hekanama" executed by her had let out for occupation and cultivation prior to or on 9th of April 1947 by receiving yearly rents from the tenants. One 'K' was the owner inter alia of plots no. 1, 6 and 1063 in certain E village. On 12.12.39 she execnted a "thekanama" in favour of one 'G' by which he was put in physical possession of the said Sir lands, enabling him as a "thekedar" not only to cultivate those lands personally for over a period of 20 years subject to payment to her "theka" money but also lease them for cultivation to tenants and receive annual rents from them during F the period. 'G' in turn lease plot no. 1 to 6 to 'H' and plot no. 1063 to 'M' on the yearly rents and put them in possession of the plots in 1940 for cultivation. In the year 1960, 'H' and 'M' on finding that they were shown as "Asamis" in respect of their respective plots in the Basic Year Records, filed objections before the jurisdictional Consolidation Officer, claiming thai they should be shown in the Basic Year Records as "Adhivasis" in G respect of plots in their occupation. 'K' contested their claim and the consolidation Officer by his judgment and order dated 29.9.1961 dismissed the objections, but the said objections were upheld in appeal by the Asst!. Settlement Officer. 'K's appeal before the Deputy Director of Consolida- tion and her revision before the Jt. Director of Consolidation failed. She H filed a writ petition before the High Court. A single Judge dismissed those 814 • HARNAM SINGH v. SMT. K.KUNWAR 815 writ petitions by a common judgment and order dated 4.9.67, but her A special appeals filed against the common judgment before the same High Court were allowed by common judgment and order dated 8.12.72 of a Division Bench upholding her contention that the appellants herein were "Asamis" under Section 2l(l)(h) of U.P. Zamindari Abolition and Land Reforms Act and not Adhivasis under Section 20(l)(b) thereof. In the SLP file<! dgainst the aforesaid judgments and o!ders of the High Court, the appellants contested that the Respondent under a Thekanama in the year 1939 in favour of 'G' had granted to him as her Thekedar; the right to lease out her Sir-lands in favour of the tenants and recieve rents from them who in turn leased out those plots to the appel- lants on yearly rents and put them in possession and the appellants continued to pay the rent prior to or on 5th of April 1947, the Respondent could not have been 'Land-holder' of such lands under Secs. 21 (i)(h) of the U.P. Zamindari Abolition & Land Reforms Act as had been held by the High Court. Allowing the appeals, this Court B c D HELD : l. The United Provinces Tenancy Act, 1939 when came into force on 19th of January 1940, the appellants were in occupation of those plots of lands as tenants and cultivating them by paying rent to "thekedar". E Clause (7), (11), (18), (23), (24) of Section 3 read with Section 212-222 of the United Provinces Tenancy Act, makes it clear that Ganga Singh, in whose favour the aforesaid 11thekenama 11 was executed by Smt. Khema Kunwar, in respect of the aforesaid plots, was not only the "thekedar" under the Act but also a "land holder" in respect of those plots in that he F was receiving rents from the tenants who were occupying those plots and cultivating them. [819-C-H; 820-A) 2. But aller coming into force of the U.P. Zamindari Abolition & Land Reforms Act when a notification referred in Section 4 thereof was published in the Gazette, all rights, titles and interests of all inter- mediaries in every estate, including the aforesaid plots of lands, ceased and vested in the State of U.P., free from all encumberances. Section 20(b) states that every person who was rec
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