MUSTAQ ALI KHAN (DEAD) BY LRS. versus DEPUTY DIRECTOR OF CONSOLIDATION AND ORS.

MUSTAQ ALI KHAN (DEAD) BY LRS. versus DEPUTY DIRECTOR OF CONSOLIDATION AND ORS.

A disabled person and a successor-in-interest who is also disabled are both Asami and Sirdar; however, given respondents' long possession as Adhivasis, equity requires determination of market value and payment of half that value to appellant, after which respondents shall be declared Bhumidars.

Parties
Appellant: Mustaq Ali Khan (dead) by LRs.; Respondents: Deputy Director of Consolidation and Ors.
Jurisdiction
India
Judgment Date
30 November 1995
Procedural Posture
Civil Appeal No. 788 of 1975 / Supreme Court Appeal From Allahabad High Court Order Dated 11.8.71 in C. Misc. W.p. No. 627 of 1971
Outcome
Appeal disposed of
Legal Topics
Disabled Persons' Rights Under Land Reforms, Successor in Interest as Disabled Person, Status of Asami/sirdar Under U.p. Zamindari Abolition and Land Reforms Act, Rights of Adhivasis/adivasis, Bhumidar Rights, Equitable Relief in Land Possession
Land Law Property Law Disabled Persons' Rights Under Land Reforms Successor in Interest as Disabled Person Status of Asami/sirdar Under U.p. Zamindari Abolition and Land Reforms Act Rights of Adhivasis/adivasis Bhumidar Rights Equitable Relief in Land Possession

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Parties

Mustaq Ali Khan (dead) by LRs.

Appellant

Deputy Director of Consolidation and Ors.

Respondents

Procedural Posture

Civil Appeal No. 788 of 1975 / Supreme Court Appeal From Allahabad High Court Order Dated 11.8.71 in C. Misc. W.p. No. 627 of 1971

Legal Issues

  1. 1 Status of successor-in-interest as disabled person under U.P. Zamindari Abolition and Land Reforms Act
  2. 2 Whether respondents are entitled to claim Bhumidar rights as Adhivasis
  3. 3 Entitlement to Asami rights by disabled Sirdar and his disabled successor

Ratio Decidendi

A disabled person and a successor-in-interest who is also disabled are both Asami and Sirdar; however, given respondents' long possession as Adhivasis, equity requires determination of market value and payment of half that value to appellant, after which respondents shall be declared Bhumidars.

Court Disposition

Appeal disposed of

Orders

  • Deputy Director (Consolidation) directed to determine prevailing market rate of lands as on February 26, 1970.
  • Respondents are to pay half of the market value to the appellant.