BIRENDRA PRATAP SINGH AND ANOTHER versus GULWANT SINGH AND OTHERS

BIRENDRA PRATAP SINGH AND ANOTHER versus GULWANT SINGH AND OTHERS

Appellants were not sub-tenants on 14th June 1947; section 295A never became applicable. The sub-tenancy was from year to year, but upon surrender by chief-tenant, right as sub-tenants extinguished on 15th January 1951. Their statutory right under section 47(4) extended only till 30th June 1951. Possession after that date was not under a subsisting legal right. Therefore, they did not become Sirdars under section 19(vii) of the U.P. Zamindari Abolition and Land Reforms Act, 1950.

Parties
Appellants: Birendra Pratap Singh and Another; Respondents: Gulwant Singh and Others
Jurisdiction
India
Judgment Date
31 January 1968
Procedural Posture
Civil Appeal / Appeal by Special Leave From Allahabad High Court Judgment Dated December 17, 1963
Outcome
Appeal dismissed
Legal Topics
Sub Tenancy, Extinction of Tenancy, Sirdar Rights Under U.p. Zamindari Abolition and Land Reforms Act, Application of U.p. Tenancy Act, Registration and Commencement of Lease, Statutory Rights of Sub Tenants
Property Law Sub Tenancy Extinction of Tenancy Sirdar Rights Under U.p. Zamindari Abolition and Land Reforms Act Application of U.p. Tenancy Act Registration and Commencement of Lease Statutory Rights of Sub Tenants

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Parties

Birendra Pratap Singh and Another

Appellants

Gulwant Singh and Others

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From Allahabad High Court Judgment Dated December 17, 1963

Legal Issues

  1. 1 Whether appellants became Sirdars under section 19(vii) of the U.P. Zamindari Abolition and Land Reforms Act, 1950?
  2. 2 Whether section 295A of the U.P. Tenancy Act, as introduced by Act X of 1947, applied to appellants?
  3. 3 What is the effect of surrender of chief-tenant's rights on sub-leases and sub-tenants?

Ratio Decidendi

Appellants were not sub-tenants on 14th June 1947; section 295A never became applicable. The sub-tenancy was from year to year, but upon surrender by chief-tenant, right as sub-tenants extinguished on 15th January 1951. Their statutory right under section 47(4) extended only till 30th June 1951. Possession after that date was not under a subsisting legal right. Therefore, they did not become Sirdars under section 19(vii) of the U.P. Zamindari Abolition and Land Reforms Act, 1950.

Court Disposition

Appeal dismissed

Orders

  • Each party to bear own costs of appeal.