LexThe SRI HAR PRASAD SHIKSHA NIDHI, BANARAS (CONFIRMATION OF COMPROMISE) (TRANSFER OF PROPERTY) ACT, 1954
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SRI HAR PRASAD SHIKSHA NIDHI, BANARAS (CONFIRMATION
OF COMPROMISE) (TRANSFER OF PROPERTY) ACT, 19541
(U. P. ACT No. XII OF 1954)
[Passed in Hindi by the Uttar Pradesh Legislative Assembly on
March 11, 1954 and by the Uttar Pradesh Legislative Council on
March 31, 1954.
Received the assent of the President on May 19 , 1954, under
Article 201 of the Constitution of India and was published in the
Uttar Pradesh Gazette Extraordinary, dated June 26, 1954. ]
[Authoritative English Text o f Sri Har Prasad Shiksha Nidhi
Banaras (Samjhauta Pushti Karan Sampatti Sankraman) Adhiniyam,
1954 ]
AN
ACT
to give effect to the compromise providing for the transfer of
certain properties in favour of Sri Har Prasad Shikhsha Nidhi,
Banaras, in satisfac tion of decree no. 13 of 1926, of the Court of
Subordinate Judge, Allahabad.
WHEREAS Sri Shiva Prasad Gupta, a resident of Banaras, held a
simple money decree no. 13 of 1926 of the Court of Subordinate Judge,
Allahabad, for rupees thirteen lakhs, eighty thousand, seven hundred,
seventy-five, annas seven and pies six against the Hon’ble Raja Moti
Chand, KT. C. I. E., and others ;
AND WHEREAS the said Sri Shiva Prasad Gupta assigned the
aforesaid decree to Sri Har Prasad Shiksha Nidhi, a Trust created b y him
(hereinafter referred to as “the Trust”) :
AND WHEREAS a compromise had been finally affected between Sri
Har Prasad Shiksha Nidhi, decree holder aforesaid, of the one part and
the judgment debtors of the other part, wherefore the judgment- debtors
agreed to transfer the properties mentioned in the Schedules attached to
appendices I and II to the Trust in
full satisfaction of the decree
aforesaid ;
AND WHEREAS the debtors having made applications under section
4 of the U. P. Encumbered Estates Ac t, 1934 and the said applications
having been transmitted to the Special Judge under section 6 of the said
Act, the debtors could not make the transfer without the sanction of the
Collector under sub- section (3) of section 7 of the said Act, the debtors
made two separate applications, one by and on behalf of —
(1) B. GOKUL CHAND,
(2) B. RAJ KUMAR
1. For Statement of Objects and Reasons see Uttar Pradesh Gazette Extraordinary, dated March 2, 1954.
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[Sri Har Prasad Shiksha Nidhi, Banaras (Confirmation of Compromise) (Transfer of Property) Act, 1954
(3) B. BIJAYA KUMAR,
(4) B. LALIT KUMAR GUPTA,
(5) B. PRAMOD KUMAR GUPTA.
(6) B. SAROJ KUMAR GUPTA,
and the other by and on behalf of —
(1) B. JOYTI BHUSHAN GUPTA,
(2) B. ANIL KUMAR,
(3) B. SUSHIL KUMAR,
(4) B. CHANDRA SHEKHAR,
(5) BACHCHA,
on the 16th day of May, 1951, to the Collector for such sanction but on
the Collector on the objection of some of the claimants against the
debtors withheld the sanction and the judgment debtors, being
dissatisfied with the order of the Collector, have appealed against it to
the Commissioner ;
AND WHEREAS the said appeals which had been stayed under
section 10 of the U. P. Agricultural Tenants (Acquisition of Privileges)
(Amendment) and Miscellaneous Provisions Act, 1950 are still pending
for decision, and the parties interested have represented to the State
Government that the Compromise was validly affected and the other of
the Collector withholding the sanction was vitiated and the transfer of
the properties aforesaid in favour of the Trust whi ch is a public and
national institution, may be given effect to ;
AND WHEREAS it is expedient to give effect to the said
Compromise ;
It is hereby enacted as follows :
Short title and
commencement
1. (1) This Act may be called the Sri Har Prasad Shik sha Nidhi,
Banaras (Confirmation of Compromise) (Transfer of Property) Act,
1954.
(2) It shall come into force at once.
Definitions 2. In this Act, unless there is anything repugnant in the subject
or context “date of vesting” means the date of vesting r eferred to in
sub-section (1) of section 4 of the U. P. Zamindari Abolition and land
Reforms Act, 1950.
Confirmation of
the
compromise
3. The Compromise made on the twenty -fourth day of October
nineteen hundred and fifty between the Trust and the Debtors (a copy
of which compromise is set out in the appendix I hereto) is hereby
confirmed and the same shall be effective with effect from the 24th day
of October, 1950 (hereinafter called “the specified date”).
Consequences
of confirmation
of compromise
4. Without prejudice to the generality of the provisions of
section 3, it is hereby declared that —
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[Sri Har Prasad Shiksha Nidhi, Banaras (Confirmation Of Compromise) (Transfer Of Property) Act, 1954]
(a) all the rights, title and interest of the debtors in the
properties specified in the schedules attached to the appendices I and
II shall on and from the specified date stand and be deemed to have
been transferred to and vest in the Trust ;
(b) the simple money decree no. 13 of 1926 of the Court of
Subordinate Judge, Allahabad, for Rs. 13,80,775 -76 against the
debtors, shall be deemed for all purposes and on all occasions to have
been duly satisfied on and upon the specified date ;
(c) such of the rents, cesses or other income or profits or any
portion thereof arising or accruing from the properties so transferred
during the period from the specified date up to the date immediately
preceding the date of vesting as hav e been realized by the debtors
before the commencement of this Act shall, notwithstanding anything
herein fore contained, belong to and be retained by them and
remainder shall belong to and be recoverable by the Trust and not the
debtors ;
(d) any trans fer other than a lease or patta of any property
specified in Schedules attached to the appendices I and II made during
the period from the specified date up to the date immediately preceding
the date of vesting shall be and become void with effect from the
specified date ;
(e) all suits and proceedings, other than proceedings under
section 4 of the U. P. Encumbered Estates Act 1934, in respect of the
property herein transferred, instituted by or on behalf of the debtors
and pending whether in the court o f the first instance, appeal or
revision or before any other authority at the commencement of this
Act, may be continued by the Trust, and such court or authority shall
on the application of the Trust substitute it as party in place of the
debtors subject to payment of such costs as it may consider necessary
or proper.
Explanation— A proceeding relating to assessment and
payment of compensation and rehabilitation gr ant under the U. P.
Zamindari Abolition and Land Reforms Act, 1950, is a proceeding to
which this clause applies.
(f) for the purposes of assessment of compensation and
rehabilitation grant under Chapters III and V of the U. P. Zamindari
Abolition and Land Reforms Act, 1950, the rights, title and interest of
the debtors in the properties herein transferred shall be deemed to vest
in and belong to the Trust on the date immediately preceding the date
of commencement of the said Act, any provision to the contrary in the
said Act notwithstanding ; and
(g) the compensation and the rehabilit ation grant payable
under the U. P. Zamindari Abolition and Land Reforms Act, 1950, in
respect of the rights, title and interest of the debtors in the said properties
shall be payable and be paid to the Trust and not to the debtors.
Orders for
bringing this
Act into
force.
5. The State Government may, by order published in the official
Gazette, make such provision as appears to it to be necessary or
expedient for giving full effect to the transfer herein made under
section 3 and for such incidental and o ther matters as may be
necessary.
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[Sri Har Prasad Shiksha Nidhi, Banaras (Confirmation Of Compromise) (Transfer Of Property) Act, 1954]
ifjf”k’V 1
————
IN THE COURT OF THE SPECIAL JUDGE FIRST GRADE,
BARANAS
————
E.E. Act case no. 49 of 1936
————
Babu Gokul and others — Landlord Applicants
THE HUMBLE APPLICATION OF—
1. B. Gokul Chand, son of B. Lakshmi Prasad, aged about 70 years.
2. B. Raj Kumar, son of B. Gokul Chand, aged about 31 years for self and as
guardian of his son Kush Kumar, aged about 10 years.
3. B. Bhaya Kumar, son of B. Gokul Chand, aged about 28 years for s elf and as
guardian of his son, Manoj Kumar, aged about 10 years.
4. B. Lalit Kumar Gupta, son of B. Gokul Chand, aged about 25 years for self
and as guardian of his sons Ganesh aged about 4 years and Sunil Kumar aged about 2
years.
5. B. Pramod Kumar Gupta, son of Babu Gokul Chand, aged about 21 years.
6. Babu Saroj Kumar Gupta, son of late Kumar Krishna Kumar, deceased aged
about 18 years.
All by case Agarwala and residents of Mohalla Nandan Sahu Lane, Banaras
City, landlord applicants.
Respectfully showeth :—
1. That on 5 -10-36 the applicants filed an application under the provisions of
the Encumbered Estates Act.
2. That in the aforesaid application under the Encumbered Estate Act the
Applicants showed their liability amounting to Rs. 24,82,291-4-10.
3. That one of the creditors of applicants as mentioned in the aforesaid
application is Shri Har Prasa d Shiksha Nidhi and the amount of debt as
mentioned in the claim filed by Shri Shiva Prasad Gupta predecessor -in-title
of Shri Har Prasad Shiksha Nidhi on 10 -7-37 was Rs. 13,64,842- 14-3. As
such the said Shri Har Prasad Shiksha Nidhi is the biggest creditor of the
applicants.
4. That a compromise has been arrived at between the aforesaid Shri Har
Prasad Shiksha Nidhi creditor no. 27 and the applicants by which
compromise the applicants are transferring their Zamindari property and
some other properties a list of which is given in the schedule to this
application and marked no. 1 in lieu of and in satisfaction of the claim of the
aforesaid Shri Har Prasad Shiksha Nidhi.
5. That the applicants are desirous of entering into similar compromise with
other creditors also.
6. That it will be to the advantage of the applicants including the minors and
all their creditors including Shri Har Prasad Shiksha Nidhi if permission is
given to t he applicants to enter into above stated compromise and to
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[Sri Har Prasad Shiksha Nidhi, Banaras (Confirmation Of Compromise) (Transfer Of Property) Act, 1954]
Name of villages Extent of the
share
Government
Revenue in1356
Fasli
Rs. a. p.
Lachhan
10. Akbarpur … … … Sixteen annas 222 15 0
11. Nuruddinpur … … … Ditto 295 6 0
12 Sauralya … … … Ditto 810 1 7
13 Turluli … … … Ditto 236 15 10
14 Shera Patti … … … Ditto 367 14 2
15 Sherpur … … … Ditto 846 3 3
16 Kapasia … … … Ditto 300 1 11
17 Rasulpur … … … Ditto 613 4 0
18 Chak Bankata … … … Ditto 39 3 5
19 Bheoraha … … … Ditto 223 5 0
20 Khwajapur … … … Ditto 240 12 8
21 Banhara … … … Ditto 444 10 5
22 Pataila Khas … … … Ditto 188 14 5
23 Madarpur … … … Ditto 184 4 6
24 Gulamipur … … … Ditto 299 0 11
25 Mahammmadpur alias Chak Gulampur Ditto 29 14 2
26 Chak Mominha … … … Ditto 40 10 1
Tahsil Kerakat, Pargana Kerakat
27 Naupur … … … Ditto 477 11 0
28 Sohani … … … Ditto 568 0 9
29 Kanwani … … … Ditto 743 1 3
30 Jalalpur, District Allahabad … Ditto 100 1 6
DISTRICT MIRZAPUR
Tehsil Chunar, Pargana Haveli
31 Tammal Ganj … … … Ditto 146 3 0
32 Sujatpur … … … Ditto
33 Lakhouri … … … Ditto 8 10 6
DISTRICT BANARAS
Tehsil Banaras, Pargana Jalhupur
34 Gama Kalan and Gama
Khurd
… Sixteen annas 591 6 4
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[Sri Har Prasad Shiksha Nidhi, Banaras (Confirmation Of Compromise) (Transfer Of Property) Act, 1954]
Name of villages Extent of the
share
Government
Revenue in1356
Fasli
Rs. a. p.
58 Chak Haji Baksh … … … Ditto …
Tehsil Jaunpur, Pargana Haveli
59 Ram Rai Patti … … … Ditto 42 11 0
60 Har Singh Patti … … … Ditto 56 1 0
61 Ram Nagar Bharsara … Ditto 100 14 8
62 Sadipur … … … Ditto 195 1 4
Tehsil Kerakat, Pargana Bealasi
63 Samoghar … … … Sixteen annas 36 0 0
64 Keshopur … … … Ditto 351 0 0
65 Rajpur … … … Ditto 326 15 9
Tehsil Marihaun, Pargana Mariahun
66 Nurpur Khas … … … Ditto 629 12 0
DISTRICT BANARAS
Tehsil Banaras, Pargana Kaswar
67 Aswari … … … Ten annas 393 7 0
68 Kachnar … … … Ditto
Tehsil Chandauli, Pargana Narwan
69 Barhani … … … Sixteen annas 1,62
3
9 10
70 Bhaisakalan … … … Four annas 65 8 10
2. Half of the decree in original suit no. 88 of 1922 of the Court of the
Subordinate Judge, Rae Bareli, the Hon’ble Raja Moti Chand Vs. Khan Bahadur
Mohammad Wazih (Now B. Gokul Chand and others Vs. wife of Mirza Mohammad
Wazih and others) decided on 21 -8-25 which is at present under execution at Rae
Bareli.
Annual profit valued at Rs. 2,500 (Rupees Two thousand and five hundred
only).
3. Half of the decree in original suit no. 36 of 1928 of the Court of the
Subordinate Judge, Fyzabad the Hon’ble Raja Moti Chand Vs. Devindra Bahadur Singh
and others), decided on 17-1128 which is under execution at present at Fyzabad.
Annual profit valued at Rs. 500 (Rupees Five hundred only).
———
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[Sri Har Prasad Shiksha Nidhi, Banaras (Confirmation Of Compromise) (Transfer Of Property) Act, 1954]
and is also for the benefit of the general body of creditors and to sanction and
record the compromise.
The Court may be further pleased to send a copy of the C ompromise to the
Collector of Banaras District and to obtain his sanction for the transfer by the
applicants to the said Shri Har Prasad Shiksha Nidhi of the properties
mentioned in Schedule no. 1 attached to this petition.
Dated 24th October, 1950.
(Sd.) Jyoti Bhushan Gupta
(Sd.) Sulabha Gupta (IN HINDI)
Guardian of Anil Kumar, Susil Kumar, Chanda Shekhar and
Bachcha minors.
Counsel for Applicants.
SCHEDULE I
Half of Zamindari including sir, sayar, Jungle and all other rights appertaining
thereto in the following villages :
Total Annual profit valued at Rs. 57,000 (Rupees Fifty-seven thousand only).
DISTRICT JAUNPUR
Tehsil Shahganj, Pargana Ungali
Name of villages Extent of the
share
Government
Revenue in1356
Fasli
Rs. a. p.
1. Aharpur … … … Sixteen annas 342 13 8
2. Pura Bhulan … … … Ditto 95 9 9
3. Tisouli … … … Ditto 599 11 1
4. Udho Patti … … … Ditto 73 12 5
5. Puredaha … … … Ditto 235 6 10
6. Salempur … … … Ditto 159 15 11
7. Chak Nohar … … … Ditto 24 11 8
8. Dharuali Koshal … … … Ditto 227 6 11
9. Dharuali
Lachhan
… … … Ditto 169 14 3
10. Akbarpur … … … Ditto 222 15 0
11 Nuruddinpur … … … Ditto 295 6 0
12. Sauraiya … … … Ditto 810 1 7
13. Turkauli … … … Ditto 236 15 10
14. Shera Puri … … … Ditto 367 140 2
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[Sri Har Prasad Shiksha Nidhi, Banaras (Confirmation Of Compromise) (Transfer Of Property) Act, 1954]
39. Khas Bhatania Uraph Garhi … Ditto 730 0 0
40. Pure Pundit Mathatdari … Ditto
Name of villages Extent of the
share
Government
Revenue in1356
Fasli
Rs. a. p.
41. Pikoura … Ditto 550 0 0
42. Birepur … … … Ditto 1,12
2
0 0
43. Nandgaon
(Jogapur)
… … … Ditto 401 8 0
44. Harana Tayar … … … Ditto 1,58
5
0 0
45. Sohans … … … Ditto 1,21
0
0 0
46. Khoadi … … … Ditto 291 8 0
47. Harahawa … … … Ditto 880 0 0
Tehsil and Pargana Gonda
48. Mahadelyn … … … Ditto 463 128 0
49. Gorava
Kaunango
… … … Ditto 418 12 0
DISRICT JAUNPUR
Tehsil Jaunpur, Pargana Rari
50. Barhaspur … … … Ditto 326 13 3
51. Chawari … … … Ditto 524 7 2
52. Chhangapur … … … Ditto 494 8 6
53. Jangipur Kalan and Khurd … Ditto 11 2 0
54. Bkkhopur … … … Ditto 304 10 0
55. Belawan … … … Ditto 1,00
8
14 0
56. Kharouna … … … Ditto 18 4 6
57. Dariaganj … … … Ditto 1,41
8
8 0
58. Chak Haji Baksh … … … Ditto
Tehsil Jaunpur, Pargana Haveli
59. Ram Rai Patti … … … Ditto 42 11 0
60. Har Singh Patti … … … Ditto 56 1 0
61 Ram Nagar Bhasara … Ditto 100 14 8
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