SHIVESHWAR PRASAD NARAIN SINGH & ANR versus GHARAHU & ANR. ETC.

Citation: [1979] 2 S.C.R. 296 · Decided: 15-11-1978 · Supreme Court of India · Bench: P.S. KAILASAM · Disposal: Dismissed

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Judgment (excerpt)

,. .. 
296 
A 
SHIVESHWAR PRASAD NARAIN SINGH & ANR; 
v. 
GHARAHU & ANR. ETC. 
November 15, 1978 
8 
[P. S. KAILASAM AND D. A. DESAI, JJ.] 
U.P. Zamindari Abolition & Land Reforms Act, 1950-Scction 20-Scope· 
"" 
c 
D 
of. 
The U.P. Zamindari Abolition and Land Reforms Act, 1950 'vas enacted 
for the abolition of zamindari system which involved interm,~diaries betwet"n 
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 flowa1.g 
therefrom. As from the date to be specified in a notification to be issued by 
the State Governn1ent 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, :'>lib--
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 te,nant 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 
E 
or retain possession thereof. Section 20(b) (i) provides that every 
persoa 
who was recorded as occupant of any land in 
the khasra or khataun1 
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. 
F 
The plaintiff was an intermediary 
who held the 
land in dispute as sir. 
G 
H 
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 
defendant:-;, who 
we1 e: 
tenants of sir on the ground that she ·was holding the suit lands as an intermc> 
diary 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 defen-
dant in each suit. 
The defendants, in each suit on the other hand, clc:im-. 
ed that he had become an atdhivasi and therefore, the plaintiff was not entitled 
to recover possession. 
The plaintiff's suits were dismissed by the lower court. Appeals to the· 
Pistrict Judge !flld the High Court were also dismissed. 
< 
( 
A 
SHIVESHWAR v. GHARAHU ( Desar' J.) 
297 
In appeal to this Court it was contended on behalf of the plaintiffs th;it 
if the tenant of sir who falls under s. 20(a) (i) is also recorded as occupa11t 
under s. 20(b)(i) in the khasra of 1356F he ¥/ould become an occupant aud 
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). 
Dismissing the appeal, 
JIELD : ( 1) If the defendant in each case \Vas a tenant of sir in res peel 
of land of which possession is sought by the plaintiff and no one else was 
shown as the occupant of such land in 1356F obviously the defendant in each 
case would become adhivasi under s. 20(a)(i). Therefore, s. 21(h) would 
not be attracted because the third clause of s. 21 (h) refers to an occupant as 
envisaged in s. 20(b)(i) and therefore the defendant would not become an 
asami as therein contemplated. [305D-E] 
(2) 
Although the expression "occupant" is not defined in the 
Abolition 
Act it has been interpreted to mean a person holding the land in possession or 
actual enjoyment. 
If a person was a tenant of sir on the date immediately 
preceding the date of vesting but was not recorded as an occupant in Khasra 
A 
B 
c 
or Khatauni of 1356F he 
became an adhivasi and not 
an asami 
under 
D 
s. 20(a) (i). If on the other hand he is not ooly a tenant of sir and is also 
recorded as an occupant in the khasra or khatauni 

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