Judgement

HIDAYATULLAH, C.J.I. : The parties in this appeal are the same as in Civil Appeal No. 286 of 1966 which we declared to have become infructuous because of the operation of Section 5 of the Uttar Pradesh Consolidation Act. The judgment in that appeal was delivered by us on February 7,1969. For the narration of facts in this appeal we have, however, referred to certain orders which were passed by the High Court from the sister appeal. The parties to this appeal as in the other appeal are Sukhram Singh and Laiq Singh of the one part and Smt. Harbheji of the second part. These two parties have been fighting a long drawn litigation over khata No. 271 of village Shahgarh. Two separate proceedings took place before the Revenue Courts and reached this Court by way of special leave, one of which has been disposed of and the other is now before us. The points involved in this appeal are short but in view of the length of litigation a long narration is necessary.

2. On March 10, 1954 Smt. Harbheji as bhumidar filed a suit (No. 38 of 1954) under Section 202 of the U. P. Zamindari Abolition and Land Reforms Act, 1955 against the other party in the Court of the Assistant Collector, Ist Class, Aligarh. The allegation in the suit was that Sukhram Singh and Laiq Singh were Asamis who were leased the khata in 1947 from year to year. Smt. Harbheji asked for their ejectment from the khata. The defence of the other side was that the occupants were Adhivasis. The Land Reforms Act was passed in 1951. Under the Act the intermediaries were abolished and their rights and title vested in the State from July 1, 1952: The Act was later amended from time to time and we are concerned with one such amendment made by the U. P. Land Reforms Act XX of 1954 which came into force on October 10, 1954.

3. Reverting to the facts, the suit No. 38 of 1954 was dismissed by the Assistant Collector, Ist Class, Aligarh on April 20, 1956 and it was held that Sukhram Singh and Laiq Singh were not Asamis and therefore not liable to ejectment. On appeal the Civil Judge of Aligarh allowed it on February 1, 1957 and declared Sukhram and Laiq Singh to be Asamis. A second appeal in the High Court before a Single Judge succeeded on February 19, 1958. Sukhram Singh and Laiq Singh were again declared to be Adhivasis. A Letters Patent Appeal was filed in the High Court. Meanwhile the Consolidation of Holdings Act was brought into force in this area and a notification under Section 4 of the Consolidation of Holdings Act declaring village Shahgarh area to be under consolidation was published on November 11, 1961. The appeal in the High Court was decided on February 8, 1962. It appears that the arguments were already heard and the case was reserved for judgment when the notification came into force. The learned judges did not apply Section 5 of the Consolidation of Holdings Act which provides that on notification issuing any suit, proceeding or appeal must be taken to have abated. The Division Bench gave its decision reversing the judgment of the Single Judge. As a result Sukhram Singh and Laiq Singh were again declared to be Asamis. An appeal was then brought to this Court by special leave and it is that appeal which we declared had become in infructuous by reason of the abatement of the suit. This was the end of the proceedings under Section 202 of the Land Reforms Act.

4. Meanwhile Smt. Harbheji as bhumidar was entitled to compensation for the extinguishment of her rights. The Compensation Officer prepared a preliminary statement under Section 240-F and showed Sukhram Singh and Laiq Singh as Adhivasis. Smt. Harbheji filed an objection under Section 240-G but on the date of hearing (October 25, 1956) she did not appear before the Compensation Officer who dismissed her objection holding that Laiq Singh and Sukhram Singh had Adhivasi rights and the objector had no interest in the land. The statement of compensation was also confirmed on the same date. In the consolidation proceedin