The main legal point established in the judgment is that the proceedings under the Land Revenue Act are summary in nature and governed by their own procedural provisions, and the general procedural rules will not override the specific procedure provided under the statute.

JUDGMENT :

Sharad Kumar Sharma, J.

Before dealing with the factual backdrop of the case and particularly in the light of the arguments which has been extended by the counsel for respondent no.1, this Court is of the view that in order to better answer the questions raised by the counsel for the petitioner. Precise law as governing the field is required to be dealt with. There are two parallel revenue laws, which are being taken in support of his argument by the counsel for the petitioner to argue the matter. The first being the provision of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (hereinafter to be called as U.P.Z.A & L.R. Act). To deal with the aspect covered by the said Act in fact, the provisions of the U.P. Z.A. & L & R Act, are a special statute, which has been framed by the State governing the management, regulations and devolvement of rights over an agricultural land as defined under the Act and the Act, that is why the U.P.Z.A. & L.R. Act, has been placed in the Xth Schedule of the Constitution as framed under Article 31-B of the Constitution of India and it finds its entry at Serial No.11.

2. Article 31-B of the Constitution of India provides for a validation of the certain Act and Regulations, which has been framed by the State laws in exception to the provisions contained under Article 31-A of the Constitution. Hence there is a deeming Clause attached to the statute covered under Article 31-B of the Constitution of India, to be a valid law and none of the Act and Regulations which are contained in the Xth Schedule or any of the provisions thereof shall be deemed to be void or would have become void on the ground, that such Act or Regulations are inconsistent with any of the other provisions of law or abridges any right conferred by any provisions of the legislature of the Act.

3. Meaning thereby as far as the U.P. Z.A & L.R. Act is concerned, it has been given a statute of being a Special Act regulating or dealing with the rights to the land as defined under Section 3 Sub Section (14) of the Act, except for the exception of the land covered under Section 109 and 143 and 144 of Chapter VII of the said Act. The U.P. Z.A. & L.R. Act, deals with the right of declaration under Section 229-B of the Act; partitioning of the holding under Section 176 of the U.P. Z.A. & L.R. Act, a suit for possession under Section 209 of the Act and such other major principle proceedings, which determines the right of the parties and more or less it takes the shape of regular proceedings dealing with the rights of the property including the right of the devolvement by way of succession to the estates of male and female.

4. The proceedings which are provided to be carried under the U.P. Z.A. & L.R. Act are governed by the provisions contained under Section 341 of the Act, by virtue of which the provisions of the Court Fees Act, Limitation Act including Section 5; as well as the procedural provisions of Code of Civil Procedure has been made applicable in its totality, over the proceedings provided under the U.P. Z.A. & L.R. Act.

5. The second set of the statute which would be required to be considered by this Court is that the State legislature had framed an Act called as U.P. Land Revenue Act 1901, (hereinafter to be called as Land Revenue Act), which has been consistently observed by the various precedents of the Court; including the Hon’ble Apex Court, that the proceedings governed therein as contained in its Sub Clause-C of Chapter III; which principally relates to the maintenance of maps and revenue records, they are summary in nature. The said Act under Section 34, with which we would be more concerned provides for a report of succession of transfer of possession by virtue of which there is a devolvement of a right claimed by and the procedures with regards to the proceedings contemplated under Chapter III are regulated by the procedures, which are contained in Chapter X of the said Act. Since Courts thus created unde