JAMSHED JAHAN BEGAM & ORS. versus LAKHAN LAL & ORS.

JAMSHED JAHAN BEGAM & ORS. versus LAKHAN LAL & ORS.

Bhumidhari rights granted under the U.P. Zamindari Abolition and Land Reforms Act are new rights and not proprietary rights, and are liable to be proceeded against in execution under the U.P. Encumbered Estates Act, as there is no prohibition in the Abolition Act. Trees constituting a grove, which do not vest in the State, remain debtor's property and can also be proceeded against for execution.

Parties
Appellants: Jamshed Jahan Begam & Ors.; Respondents: Lakhan Lal & Ors.
Jurisdiction
India
Judgment Date
25 September 1969
Procedural Posture
Civil Appeal / Appeal From Board of Revenue U.p. Revision No. 2 E of 1964, Saharanpur
Outcome
Appeal dismissed with costs.
Legal Topics
U.p. Encumbered Estates Act, Zamindari Abolition, Attachment and Sale of Rights, Execution Against Bhumidhari Rights, Rights in Trees and Groves
Property Law Land Reforms Execution of Decrees U.p. Encumbered Estates Act Zamindari Abolition Attachment and Sale of Rights Execution Against Bhumidhari Rights Rights in Trees and Groves

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Parties

Jamshed Jahan Begam & Ors.

Appellants

Lakhan Lal & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Board of Revenue U.p. Revision No. 2 E of 1964, Saharanpur

Legal Issues

  1. 1 Whether bhumidhari rights granted under the U.P. Zamindari Abolition and Land Reforms Act can be proceeded against in execution of a decree under the Encumbered Estates Act
  2. 2 Whether trees belonging to the debtor can be proceeded against in execution

Ratio Decidendi

Bhumidhari rights granted under the U.P. Zamindari Abolition and Land Reforms Act are new rights and not proprietary rights, and are liable to be proceeded against in execution under the U.P. Encumbered Estates Act, as there is no prohibition in the Abolition Act. Trees constituting a grove, which do not vest in the State, remain debtor's property and can also be proceeded against for execution.

Court Disposition

Appeal dismissed with costs.

Orders

  • Respondents are entitled to proceed in execution against bhumidhari rights and trees belonging to appellants for realisation of decree under Encumbered Estates Act.