RANI RATNESH KUMARI versus STATE OF U.P. & ORS.

RANI RATNESH KUMARI versus STATE OF U.P. & ORS.

The appellant was the proprietor and thus intermediary in the 133 biswadari villages; malikana was not a pension but a share in profits of land, directly connected with proprietary rights which vested in the State upon notification under the Act; malikana ceased save for statutory compensation.

Parties
Appellant: Rani Ratnesh Kumari; Respondents: State of U.P. & Ors.
Jurisdiction
India
Judgment Date
02 August 1978
Procedural Posture
Civil Appeal / Supreme Court Appeal From Decision of Division Bench of Allahabad High Court
Outcome
Appeal dismissed
Legal Topics
Zamindari Abolition, Malikana Allowance, Intermediary Under Land Reform Statute
Property Law Land Reforms Zamindari Abolition Malikana Allowance Intermediary Under Land Reform Statute

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Parties

Rani Ratnesh Kumari

Appellant

State of U.P. & Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appeal From Decision of Division Bench of Allahabad High Court

Legal Issues

  1. 1 Whether the appellant was an 'intermediary' of the 133 biswadari villages under section 3(12) of the U.P. Zamindari Abolition and Land Reforms Act, 1950
  2. 2 Whether 'malikana' allowance is in the nature of pension or is a right in land/revenue extinguished by the vesting of the estate in the State

Ratio Decidendi

The appellant was the proprietor and thus intermediary in the 133 biswadari villages; malikana was not a pension but a share in profits of land, directly connected with proprietary rights which vested in the State upon notification under the Act; malikana ceased save for statutory compensation.

Court Disposition

Appeal dismissed

Orders

  • No malikana payable; appellant limited to compensation as per statute
  • Costs to the respondents