PATIRAJI versus MAMTA & OTHERS

PATIRAJI versus MAMTA & OTHERS

The appellant's name was entered as an occupant only from February 24, 1949; as the entry does not show occupation through the whole of Fasli year 1356 (July 1, 1948 - June 30, 1949), she does not qualify for Adivasi rights under section 20(b)(i) of the Act.

Parties
Appellant: Patiraji; Respondents: Mamta & Others
Jurisdiction
India
Judgment Date
15 March 1973
Procedural Posture
Civil Appeal / Appeal by Special Leave From the Judgment and Order Dated October 31, 1966 of the Allahabad High Court in Special Appeal No. 344 of 1966
Outcome
Appeal dismissed
Legal Topics
Adivasi Rights, Interpretation of U.p. Zamindari Abolition and Land Reforms Act, 1950 S. 20(b)(i)
Property Law Land Reforms Adivasi Rights Interpretation of U.p. Zamindari Abolition and Land Reforms Act, 1950 S. 20(b)(i)

Case Brief

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Parties

Patiraji

Appellant

Mamta & Others

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From the Judgment and Order Dated October 31, 1966 of the Allahabad High Court in Special Appeal No. 344 of 1966

Legal Issues

  1. 1 Whether the appellant Patiraji is entitled to 'Adivasi' rights under section 20(b)(i) of the U.P. Zamindari Abolition and Land Reforms Act, 1950 when her name was only entered as occupant for a part of Fasli year 1356

Ratio Decidendi

The appellant's name was entered as an occupant only from February 24, 1949; as the entry does not show occupation through the whole of Fasli year 1356 (July 1, 1948 - June 30, 1949), she does not qualify for Adivasi rights under section 20(b)(i) of the Act.

Court Disposition

Appeal dismissed

Orders

  • Judgment of the High Court confirmed
  • Appeal dismissed with costs