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2000 Supreme(SC) 1378

SUPREME COURT OF INDIA
A. P. MISRA, JJ
SAHIBDAR KHAN
Vs.
Sadloo Khan
Decided on August 22, 2000

The legal principle established is the significance of unchallenged long-standing entries and their legal implications in determining property rights and ownership.

Headnote:

Smt. Bandi - Property Rights - North Western Provinces Tenancy Act, 1901 (Sections 11, 16, 18, 22), U. P. Zamindary Abolition and Land Reforms Act, 1950 - The court discussed the legal provisions of the NWPT Act, 1901 and the U.P. Zamindary Abolition and Land Reforms Act, 1950. It interpreted the provisions to determine the occupancy rights and the validity of the gift deed executed by Smt. Bandi. The court emphasized the importance of unchallenged long-standing entries and their legal implications.

Fact of the Case:

The dispute revolved around the property left by Sardar Khan and whether Smt. Bandi had the absolute ownership to gift a part of the property to her daughters. The court analyzed the family pedigree and the legal rights of Smt. Bandi and her sons.

Finding of the Court:

The High Court set aside the findings of the lower courts, emphasizing the lack of evidence to support Smt. Bandi's occupancy rights. It concluded that the entry in her name as an occupancy tenant could not be treated as valid, and therefore, she had no right to execute the gift deed.

Issues: The main issues were the validity of Smt. Bandi's occupancy rights and the legality of the gift deed executed by her son. The court also considered the lack of evidence supporting Smt. Bandi's occupancy rights and the implications of unchallenged long-standing entries.

Ratio Decidendi: The court held that the unchallenged long-standing entry of Smt. Bandi as an occupancy tenant gave her the right to execute the gift deed. It emphasized the legal implications of unchallenged entries and the interpretation of relevant legal provisions.

Final Decision: The court held the gift deed dated 27/03/1968 by Smt. Bandi as valid and set aside the later gift deed dated 18/06/1971 to the extent it encroached the rights gained through the earlier gift deed. The judgment of the first appellate Court was restored.

( 1 ) THE question raised in this appeal is, whether Smt. Bandi mother of plaintiffs/appellants matured herself as absolute owner over the property left by her husband Sardar Khan by virtue of her being recorded as occupancy tenant in the Fasli Year 1320. If she had whether one of her son Sandloo Khan, defendant No. 1 had any right to gift through registered gift deed dated 18/06/1971 to his daughters, part of the same properly which, Smt. Bandi gifted through gift deed dated 27/03/1968 in favour of plaintiff-appellant ?

( 2 ). In order to appreciate the controversy it is necessary to produce the family pedigree.

( 3 ). It is not in dispute that one Peer Bux was the occupancy tenant of the land specified in Schedule a and b to the plaint. After his death it was succeed by his son Sardar Khan who died on 7/07/1912 (1320 Fasli ). The aforesaid Smt. Bandi the wife of Sardar Khan was recorded for the first time in the Khatani of 1320 Fasli, i. e. , in the same year in which her husband died, as occupancy tenant. The case of the plaintiffs-appellants is, on the date vesting, ( 1/07/1952), under the U. P. Zamindary Abolition and land Reforms Act, 1950, Smt. Band became bhumidari of the land with full right to transfer. Thereafter, she executed a gift deed dated 27/03/1968 in favour of appellants to the extent of her half share and retained the other half for herself. She died within 6 to 7 months after the execution of this deed. After her death appellants claimed 1/2 share out of her retained share by inheritance, which would be 1/4th share in the land of Schedule b property as grandson of Smt. Bandi. Accordingly, they claim to be the bhumidar owner of the entire land of Schedule a and to the extent of 3/4th share in Schedule b property.

( 4 ). On 18-6-1971 Sandloo Khan, defendant No. 1 one of the two son of smt. Bandi, executed a gift deed in favour of his four daughters who are defendants 2 to 5. This gift deed is subject to challenge by the plaintiff- appellant in this suit. According to the appellant, defendant No. 1 had no interest left in the land of Schedule a and in Schedule b left with only 11/4share.

( 5 ). On the other hand the case of defendant-respondent is that on the death of Sardar Khan, the tenancy devolved by inheritance upon defendant no. 1 and his brother Hubdar Khan equally. Both of them were then minors under the guardianship of their mother Smt. Bandi. The Entry of 1320 Fasli showing her as occupancy tenant was incorrect by recorded as after the death of their father she could not be recorded as such. Hence deed of gift dated 27/03/1968 executed by her is void and would have no effect in law. The trial Court decreed the suit by holding that Sardar khan surrendered his occupancy right in favour of his wife Smt. Bandi because of which Smt. Bandl was recorded In 1320 Fasli as occupancy tenant in her own right with the consent of the zamindars. The appellate court also dismissed the appeal filed by the respondents. Aggrieved by the decision of both the Courts below, the respondent filed second appeal before the High Court. The High Court set aside the findings of both the courts below, holding that there was no evidence of any surrender or abandonment by Sardar Khan of his occupancy tenant right in his life time nor there is any evidence to show that the zamindars consented the occupancy tenant on Smt. Bandi. The High Court records that both the courts below itself found, there is neither any documentary nor oral evidence to conclude about this. In the words of the appellate authority.

"of course there is no direct evidence to Import the plaintiffs contention that Sardar Khan had in his life time surrendered the land and the zamindar conferred occupancy on Bandi Bibi. There is no documentary evidence to that effect. The oral evidence in this respect is of no value. PW 1 Sahabdar Khan, the plaintiff No. 1 has stated so but he is only 40 years old and was not even born When Saradar Khan died. No other witness was pr






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