BINDHA PRASAD & ORS. versus BHAN DATT (DEAD) BY L.RS.

BINDHA PRASAD & ORS. versus BHAN DATT (DEAD) BY L.RS.

A sirdar who deposits the requisite amount for conversion as prescribed under Section 134 becomes entitled to Bhumidhari rights effective from the date of deposit, regardless of subsequent death or timing of the Sanad issuance; grant of Sanad under Section 137 necessarily relates back and validates transactions executed on the date of deposit.

Parties
Appellant: Bindha Prasad & Ors.; Respondent: Bhan Datt (Dead) By L.Rs.
Jurisdiction
India
Judgment Date
10 December 2007
Procedural Posture
Civil Appeal / Appeal From High Court Judgment Dismissing Second Appeal Under Section 100 CPC
Outcome
Appeal allowed
Legal Topics
U.p. Zamidari Abolition and Land Reforms Act, Conversion of Sirdari Rights to Bhumidhari Rights, Effect of Deposit on Title, Retrospective Grant of Certificate
Land Law Agricultural Tenancy U.p. Zamidari Abolition and Land Reforms Act Conversion of Sirdari Rights to Bhumidhari Rights Effect of Deposit on Title Retrospective Grant of Certificate

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Bindha Prasad & Ors.

Appellant

Bhan Datt (Dead) By L.Rs.

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment Dismissing Second Appeal Under Section 100 CPC

Legal Issues

  1. 1 Whether the grant of Bhumidhari Sanad relates back to the date of deposit under Sections 134 and 137 of the U.P. Zamidari Abolition and Land Reforms Act, 1950, when the tenant dies before issuance of the Sanad

Ratio Decidendi

A sirdar who deposits the requisite amount for conversion as prescribed under Section 134 becomes entitled to Bhumidhari rights effective from the date of deposit, regardless of subsequent death or timing of the Sanad issuance; grant of Sanad under Section 137 necessarily relates back and validates transactions executed on the date of deposit.

Court Disposition

Appeal allowed

Orders

  • Judgment of High Court affirming trial court and first appellate court set aside
  • Costs made easy