DEO NANDAN AND ANR. versus RAM SARAN AND ORS.

DEO NANDAN AND ANR. versus RAM SARAN AND ORS.

Rights as bhumidar are acquired with effect from the date on which the amount required by Section 134 is deposited, not the date of certificate issuance. Declaration under Section 137 necessarily takes effect from the deposit date, as per the doctrine of relation back incorporated in the 1962 amendment. Therefore, the first sale deed was valid, as the seller's rights had accrued from the deposit date.

Parties
Appellants/plaintiffs: Deo Nandan and Another; Respondents/defendants: Ram Saran and Others
Jurisdiction
India
Judgment Date
09 March 2000
Procedural Posture
Civil Appeal / Decision on Appeal From High Court (second Appeal)
Outcome
Appeal allowed; judgment of the High Court set aside; decision of lower appellate court restored; suit decreed in favour of appellants.
Legal Topics
Interpretation of U.p. Zamindari Abolition and Land Reforms Act Sections 134 and 137, Doctrine of Relation Back for Acquisition of Bhumidhari Rights
Land Law Interpretation of U.p. Zamindari Abolition and Land Reforms Act Sections 134 and 137 Doctrine of Relation Back for Acquisition of Bhumidhari Rights

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Parties

Deo Nandan and Another

Appellants/plaintiffs

Ram Saran and Others

Respondents/defendants

Procedural Posture

Civil Appeal / Decision on Appeal From High Court (second Appeal)

Legal Issues

  1. 1 Whether the rights as bhumidar accrue from the date of deposition of revenue under Section 134 or only from the date of grant of certificate under Section 137 of the U.P. Zamindari Abolition and Land Reforms Act, 1950

Ratio Decidendi

Rights as bhumidar are acquired with effect from the date on which the amount required by Section 134 is deposited, not the date of certificate issuance. Declaration under Section 137 necessarily takes effect from the deposit date, as per the doctrine of relation back incorporated in the 1962 amendment. Therefore, the first sale deed was valid, as the seller's rights had accrued from the deposit date.

Court Disposition

Appeal allowed; judgment of the High Court set aside; decision of lower appellate court restored; suit decreed in favour of appellants.

Orders

  • Judgment of Allahabad High Court set aside
  • Decision of lower appellate court restored