THAKUR PRASAD (DEAD) THROUGH LRS. versus RAJ KARAN (DEAD) BY LRS. AND ORS.

Citation: [2003] 2 S.C.R. 591 · Decided: 04-03-2003 · Supreme Court of India · Bench: S.S.M. QUADRI · Disposal: Appeal(s) allowed

Judgment (excerpt)

THAKUR PRASAD (DEAD) THROUGH LRS. 
A 
v. 
RAJ KARAN (DEAD) BY LRS. AND ORS. 
MARCH 4, 2003 
[SYED SHAH MOHAMMED QUADRI AND ARIJIT PASAYAT, JJ.] 
B 
U.P. Zamindari Abolition and Land Reforms Act, 1951-Sections 2, 4, 
14, 130, 133, 200(c), 209 and 210. 
Mortguge of suit land-By rent-free grantee of the land-Thereafter the C 
land sold-Zamindari Abolition Act made applicable to the land by 
Notifications-Effect on the rights of mortgagors and mortgagees-Suit for 
eviction of mortgagee-Eviction denied by trial court-Appellate court allowed 
the eviction-Order of trial court restored in review-In writ petition High 
Court allowed the eviction-On appeal-Held, mortgagees are liable to be D 
evicted-Rights of mortgagors under Zamindari Abolition Act did not come to 
an end by virtue of Section 158 of Agra Act in absence of any finding with 
regard to faljillment of the requirements necessary to be covered under the 
Section-Mortgagees not entitled to claim any right either under Agra Tenancy 
Act or under Zamindari Abolition Act-Possession of mortgagees cannot be 
said to be adverse to that of the mortgagor-In view of Sections I 30 and 133 
of Zamindari Abolition Act, a rentfree grantee/mortgagors became bhumidar 
and the mortgagee from a bhumidar became asami-Hence as bhumidars, 
mortgagors entitled to seek eviction of the mortgagees (asamis) on depositing 
the mortgage money under Section 200(c)of the Zamindari Abolition Act-
Transfer of Property Act, I 882-Section 58-Agra Tenancy Act, Section I 58. 
The village in which the suit land was situated, formed part of 
erstwhile Banaras State before its merger in the State of U.P. The 
Maharaja purchased the interest of sub-proprietor of the suit land subject 
E 
F 
to rent free grant of the suit land as "Krishnarpan" in favour of the 
predecessor of respondent Nos. 5 to 10. The village was a Namanzuri G 
village (i.e. with regard to the village no grant was made by the Maharaja) 
and the same was treated as such from yearl320 F. 
By a Notification of 1953, U.P. Zamindari Abolition Act, 1951 was 
made applicable to the former Banaras State as defined in Banaras State 
591 
H 
592 
SUPREME COURT REPORTS 
[2003) 2 S.C.R. 
A (Administration) Act, 1949 subject to the modifications and am·endments 
specified in Schedule to the Notification. Thus after the application of the 
Act, it was left to the State Government to extend the Act to the area under 
Section 2(1)(b) of the Act which enumerates any estates or parts thereof 
owned by the Central Government, State Government or any local 
authority. By Notification of 1954, the Act was made applicable to the 
B former Banaras State subject to modifications and amendments specified 
in the Schedule thereto in the case of estates owned by the State 
Government and in which no intermediary had any interest on June 30, 
1953. 
C 
Respondent Nos. 5 to I 0, executed usufructuary mortgage in favour 
of appellant-mortgagees. The respondent-mortgagors sold the land in 
different bits i.e. 1/6th 1share was sold to the mortgagees. The rest of the 
land was sold to other purchasers, and one of them had filed a suit for 
ejectment of the appellant-mortgagees by depositing the mortgaged money. 
The case was tried under Section 9 of U.P. Consolidation of Holdings Act 
D by the ConsolidP.tion Officer and he dismissed the suit. 011 appeal, 
Settlement Officer decreed the suit. Revision before the Deputy Director 
of Consolidation by the mortgagees, was allowed restoring the order of 
the Consolidation Officer. The writ petition filed against the same was 
allowed by High Court. 
E 
In appeal to this Court, appellant-mortgagees contended that 1953 
Notification was directly applicable, because the suit land was not a State 
land as the land had been given in Krishnarpan by the proprietor 
intermediary and not by the Maharaja; that the respondents-mortgagors 
continued in possession of land for more than fifty years and thus had 
p become owners under Section 158 of North West Provinces Tenancy Act, 
1901 (Agra Tenancy Act), and their right under Zamindari Abolition Act 
came to an end and thus they were entitled to recover the amount as a 
simple mortgage; that they could have been ejected only by Gaon Sabha 
under Section 209 of Zamindari Abolition Act and since no suit was 
brought by Gaon Sabha, the mortgagees became 'Sirdar' or 'Asami' and 
G would be deemed to be tenant from year to year; that mortgagors not· 
having acquired right .,f ownership/b

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