The interpretation of section 122-B (4-F) and its application to leaseholders, emphasizing the overriding effect and the requirement that occupation must be otherwise than in accordance with the Act.

B.L. Yadav

1. Whether petitioner would be entitled to the benefit of sub-section (4) of section 122-B of the UP ZA LR Act 1950 (for short the Act) is the short questions for consideration in this petition.

2. In proceedings under section 122-B of the Act 9 notice 49 Ka (Annexure II to the petition) was served on vishwanath the petitioner for ejectment and damages, as he has occupied the land vested in the Gaon Sabha otherwise than in accordance with the provisions of the Act.

In reply to that notice 49 Ka the petitioner filed objection stating that he being a lessee since 24-10-82 to 25-10-1992 is neither liable for ejectment nor payment of damages. He is a Bhumidhar in view of the provisions of section 122-B (4-F) of the Act being a member of the Scheduled Caste has occupied the Hand from before 1985. The lease pertaining to land in dispute was granted in the name of petitioner for a period of 10 years i.e. with effect from 24-12-82 to 25-10-92 (Annexure I to the petition). That period has not expired.

3. After considering the evidence on record, learned Tehsildar discharged the notice on 28-2-92 against which Gaon Sabha preferred a revision which has been allowed by the impugned order dated 8-9-92 and the petitioner has been directed to be ejected after 25-10-92, the date of expiry of the period of lease and to pay damages

4. Learned counsel for the petitioner urged that the petitioner is entitled to protection under section 122-B (4-F) of the Act, hence he is not liable to ejectment and the impugned order was manifestly erroneous.

For taking the benefit of section 122-B (4-F) of the Act, it must be the case of the petitioner that he occupied the land from before June 1985, but petitioner has been granted lease (Annexure I). Since 24-10-82 to 25- 10-1992. The lease will expire on 25-10-92. Sub-section (4-F) of section 122-B has to be read along with section 122-B as the cardinal rule of interpretation is that not only every part of the statute has to be read together, but every part of the same section has also to be read together. Normally, the courts lean against any construction which tends to reduce the statute to a fulity.

5. The Maxim "UT RES MAGIS VALEAT QUAM PEREAT" connotes that the courts must interpret a statute so as to make it workable and mere effective consistent with the meaning and purpose which the legislatures intended for It.-Zinsukhie Electric Supply Co. Ltd. v. State of Assam, (1989) 3 SCC 709.

6. The legislature was conscious in enacting sub-section 4-F of section 122-B with a non obstante clause having overriding effect. Section 122-B was brought on statute book with the object that the unauthorised occupant in respect of land having vested in Gaon Sabha or some local authority may be ejected in summary procedure. Sub-section 4-F to section 122-B is in the form of Proviso to the section 122-B (1) of the Act. In case a tenure holder being an agriculturer or landless labourer belonging to Scheduled Caste or Scheduled Tribe, has brought the land under his possession otherwise than in accordance with the provisions of the Act, would not be liable to ejectment.

The petitioner in my opinion would not be entitled to the protection under sub-section 4-F for more than one reason. The first is that the occupation by the person concerned either under section 122-B or under sub-section 4-F must be otherwise (than in accordance with Act In the instant case, petitioner as alleged by him has got a lease for fishery for a period since 24-10-82 to 25-10-1992, hence he was not entitled to that benefit. The next is that in view of the findings recorded, the terms of the lease were violated. The other is that nature of the land was such that no Bhumidhari rights would accrue in a land let out for fishery rights

7. Till 25-10-1992, the petitioner is entitled to remain in possession as a lessee and consequently both the parties are bound by the terms of the lease.

8. In view of the premises aforesaid the petitioner