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Court Upholds Bhumidhar Rights in Land Dispute

Background

The case involved a dispute over the ownership of two plots of land, numbered 376 and 377, located in the village of Narainpur, Manwarpara, Pargana-Nagar West, Tahsil-Haraya, Basti. The plots were originally recorded in the names of respondents 2 and 3, Prabhakar Singh and Sudhakar Singh , sons of Uma Shankar Singh , during the consolidation operation.

Arguments

The petitioners, who were the tenants of the land, filed objections under Section 9-A(2) of the U.P. Consolidation of Holdings Act, 1953, claiming that they had acquired Adhivasi (tenant) and Sirdari (occupancy tenant) rights over the land after the date of vesting. They argued that the main tenant, Ram Anjor Singh , had no right to execute a sale deed in favor of respondents 2 and 3 in 1963, as his rights had already been extinguished.

The respondents, on the other hand, claimed bhumidhar (landowner) rights over the land based on the sale deed executed by Ram Anjor Singh .

Court's Analysis and Reasoning

The court examined the revenue records and evidence presented by both parties. It found that the entries in the revenue records did not support the petitioners' claim of Shikami (sub-tenant) or Adhivasi status. The court also noted that the proceedings under Section 229B of the U.P. Zamindari Abolition and Land Reforms Act, 1950, which the petitioners had filed, had ultimately abated due to the consolidation operation.

The court further held that the Consolidation Officer and Settlement Officer of Consolidation had not properly considered the provisions of Section 20 of the U.P. Zamindari Abolition and Land Reforms Act, 1950, as well as the principles laid down by the Supreme Court in the Sonawati case. The revisional court, in exercising its powers under Section 48 of the U.P. Consolidation of Holdings Act, 1953, had correctly re-examined the evidence and found that the respondents were entitled to be recorded as bhumidhar based on the sale deed executed by Ram Anjor Singh .

Decision

The court dismissed the writ petition filed by the petitioners and upheld the impugned revisional order dated 2.11.1981, which had declared the respondents as bhumidhar of the disputed plots. The court also directed the release of the entire amount deposited by the petitioners under the interim order of the court.