RAKESH & ORS. versus BOARD OF REVENUE U.P. & ORS. ETC.

Citation: [2019] 4 S.C.R. 677 · Decided: 08-03-2019 · Supreme Court of India · Bench: ASHOK BHUSHAN · Disposal: Case Partly allowed

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Judgment (excerpt)

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RAKESH & ORS.
v.
BOARD OF REVENUE U.P. & ORS. ETC.
(Civil Appeal No. 5040 of  2008)
MARCH 08, 2019
[ASHOK BHUSHAN AND K.M. JOSEPH, JJ.]
Uttar Pradesh Zamindari Abolition and Land Reforms Act,
1950 –  ss.130, 131 and 134 – Application filed by Sirdar (tenant)
for grant of Bhumidar Rights in respect of three plots along with
deposit of 20 times of land revenue – Sale deed executed by the
Sirdar next day in respect of these plots – Application for grant of
Bhumidar rights rejected  in respect of two plots – Revision
application filed by Sirdar challenging the same – Bhumidar Sanad
granted to Sirdar in respect of one plot only but after his death – By
Ordinance of 1977, Bhumidar with transferable rights were granted
to every Sirdar referred to in ss.130 and 131 of the 1950 Act –
Ordinance was substituted by 1977 Act – Suits filed by the purchaser
of the three plots on the basis of sale deed executed by the Sirdar –
Trial court dismissed the suits – Appellate Authority allowed the
appeal only with regard to the plot to which Sanad was granted
which order was upheld by Board of Revenue – Both the parties
filed writ petitions – High Court allowed the writ petition of
purchaser, decreed the suit in respect of other two plots also –  On
appeal, held:   Under s.134 r/w s.137, a Sirdar after depositing 20
times of land revenue and making an application could obtain
Bhumidhari Sanad – ss.130 and 131 of the 1950 Act were substituted
by U.P. Ordinance No.1 of 1977 which was subsequently enacted
as an Act namely, the U.P. Land Laws (Amendment) Act, 1977 –
s.134 was omitted by the U.P. Land Laws (Amendment) Act, 1977 –
The effect of the provision was that by statute, Bhumidhari right
was conferred on Sirdar, w.e.f., 28.01.1977, the date of issue of
U.P. Ordinance No.1 of 1977 –  s.73 of U.P. Land Laws (Amendment)
Act, 1977  dealt with transitory provisions – s.73(1) provided that
all proceedings for acquisition of bhumidhari rights under ss.134
and 135 of the 1950 Act as they stood immediately before 28.01.1977
and all proceedings arising therefrom, pending on such date before
   [2019] 4 S.C.R. 677
  677
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SUPREME COURT REPORTS
[2019] 4 S.C.R.
any court or authority shall abate – Thus revision which was pending
against the rejection of grant of Bhumidhari Sanad, stood abated
by virtue of Ordinance No.1 of 1977 – s.73(2) provided that where
any proceeding has abated under sub-section (1) the amount
deposited for the acquisition of such rights shall be refunded to the
person depositing the same or to his legal representatives as the
case may be – Thus, the claim of Sirdar to get Bhumidari rights on
the basis of his application with regard to two plot against which
revision was filed stood terminated by virtue of provisions of s.73 –
Hence, on the basis of the pendency of revision, no benefit could
be taken by Sirdar – The benefit of a statutory provision shall be
applicable to those Sirdars, who were Sirdars on the date when
Ordinance was enforced, which subsequently became an Act – In
the instant case, on 28.01.1977, Sirdar was already dead and his
legal heirs were mutated in his place, thus, benefit of Ordinance
No.1 of 1977 and the U.P. Act No. 8 of 1977 cannot be availed by
Sirdar, so as to validate his sale deed with regard to two Plots –
High Court committed error in allowing the writ petition filed by the
contesting respondent and decreeing the suit – U.P. Zamindari
Abolition and Land Reforms (Amendment) Ordinance, 1977 – U.P.
Land Laws (Amendment) Act, 1977 – s.73 – Land Laws.
Partly allowing the appeal, the Court
HELD: 1.1   Under Section 134 read with Section 137, a
Sirdar after depositing 20 times of land revenue and making an
application could obtain Bhumidhari Sanad.  Sections 130 and
131 of U.P. Zamindari Abolition and Land Reforms Act, 1950 were
substituted by U.P. Ordinance No.1 of 1977 - U.P. Zamindari
Abolition and Land Reforms (Amendment) Ordinance, 1977,
which was subsequently enacted as an Act namely, the Uttar
Pradesh Land Laws (Amendment) Act, 1977.   Section 134 was
omitted by the Uttar Pradesh Land Laws (Amendment) Act, 1977.
The effect of the provision was that by statute, Bhumidhari right
was conferred on Sirdar, w.e.f., 28.01.1977, the date of issue of
U.P. Ordinance No.1 of 1977, which was subsequently enacted
as an Act, namely, U.P. Land Laws (Amendment) Act, 1977, which
was deemed to have come into effect on 28.01.1977, the date of
issuance of Ordinance. The most im

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