H. SWARUP, J. :- I have had the advantage of going through the proposed judgments of brothers Satish Chandra and A. K. Kirty, I entirely agree with them in the conclusion proposed and the reasons given for the same. I would, however like to add the following paragraph:

Section 134 (1) of the U. P. Zamindari Abolition and Land Reforms Act entitled a Sirdar, on fulfilling the conditions mentioned therein, to a declaration that he had acquired, in respect of the land, the rights mentioned in Section 137. i.e. the Bhumidhari rights. Section 137 (1) casts on the Assistant Collector the duty to make the declaration and certify it. The order of the Assistant Collector making the declaration tantamounts to the grant of certificate and the Sirdar must be deemed to acquire Bhumidhari rights upon the passing of the order. The 'sanad' provides only the documentary evidence of the fact that the declaration has been made and certified. The rights accrue on the making and certification of the declaration and do not remain in abeyance till the issuance of the certificate.

2. KIRTY, J. : I fully agree with the conclusions arrived at by my brother Satish Chandra, I, however, desire to add some additional reasons as they occur to me.

3. Under Sections 134 and 139, Sirdars belonging to the categories mentioned therein have been given absolute and unfettered statutory right to acquire bhumidhari rights on payment of defined sums. Once the requisite sum has been deposited by a sirdar applying for acquisition of bhumidhar's rights, he acquires a vested and indefeasible right to become a bhumidhar. The granting of such right is not a matter of discretion nor an act of grace on the part of the State Government. The satisfaction of the Assistant Collector under Sec. 137 appears to be only for the purpose of ensuring that the person seeking to acquire the right has fulfilled the requisite conditions as to his being a Sirdar of the required category and as to his haying deposited the requisite sum. Neither Section 134 nor 137 requires "certificate" to be granted in any manner or in any form as may be prescribed by the rules made under the Act. Sub-section (1) of Ss. 134 and 137 are tautological in so far as entitlement to declaration of acquisition of bhumidhari right is concerned. Section 134 (1) refers to entitlement to a "declaration that he has acquired the rights mentioned in Sections 137 ..................". Section 137 (1)refers back to Section 134 and requires the Assistant Collector to be satisfied that the applicant "is entitled to the declaration mentioned in Section 134". It is, therefore clear that the right to acquire bhumidhari flows from Sec. 134 itself and the "grant of certificate" under Section 137 (1) is merely a certificate that the applicant concerned fulfils the requirements of Section 134 and thus has become entitled to be declared a bhumidhar. Once, and as soon as, this is done, sub-section (2) of S. 137 automatically comes into play. The rules made under Section 230 cannot in any way alter, affect, delay or defer the acquisition of bhumidhari right by a Sirdar under Section 134.

4. Once a Sirdar qualified to acquire Bhumidhari rights under Section 134 voluntarily elects to acquire such rights, makes the necessary application and deposits the requisite sum it is not open to him to retract. Such right to withdraw the application and to seek refund of the deposit can be conceded only on the hypothesis that until accepted it remains an offer only. If any such right is conceded, it will necessarily have to be held that the granting of bhumidhari right to a Sirdar is itself a discretionary act on the part of the State Government. To hold so would be to allow infiltration of riders which the legislature has not provided for in the material Sections, viz. Sections 134 to 139. Except as provided in Section 137-A for cancellation of certificates and refund of deposits under the circumstances mentioned therein, there is no provision