The court established that arrears of rent are recoverable as land revenue despite previous limitations, affirming jurisdiction under the U.P. Zamindari Act.

1. By this petition under Art.226 of the Constitution the five petitioners pray that notices (Annexures - I, II and II - A to the petition) issued under the provisions of S.279 and S.281 of the U.P. Zamindari Abolition and Land Reforms Act , for recovering certain amount alleged to be due against them, be quashed.

2. The petitioners claim that they were hereditary tenants of certain plots lying in villages Sarwar Khera, Kudiawala and Gangapur in Kashipur Tahsil, District Nainital. On 27-5-1971, the Amin of Tehsil Kashipur issued demand notices requiring them to pay various amounts alleged to be due from them on account of arrears of rent for the period upto 1378. It is not disputed that in due course the State of U.P. acquired proprietary rights in respect of various plots in Kashipur Tehsil in the year 1949, and thereafter the petitioners who were the hereditary tenants of such plots, continued to pay rent in respect thereof to the Colonisation Department of the State of U.P. upto the year 1360 Fasli. Since, the petitioners were not recorded as hereditary tenants in the, revenue papers, the Colonisation Department treated them as trespassers and declined to accept rent from them. Ultimately the dispute regarding petitioners' right in various plots was resolved under the orders dated 24-9-1970 passed by the Commissioner Kumaon Division, who held that originally the petitioners were hereditary tenants of those plots and after U.P. Zamindari Abolition and Land Reforms Act became applicable to the area in question with effect from 26-1-1970,. they, as provided in S.18 of the Act, became Bhumidhars of those plots. Thereafter, when the rent was again demanded from the petitioners, they offered to pay only such rent which had fallen due within a period of three years. They contended that the rent prior to that period had become barred by limitation and the respondents had no right to recover the same. The respondents, however, did not accept part payment of rent and initiated proceedings under S.279 and S.281 of the U.P. Zamindari Abolition and Land Reforms Act , for recovering the entire arrears of rent for the period 1360 Fasli to 1378 Fasli, by serving upon the petitioners the impugned notices dated 27th May, 1971.

3. After filing the present petition, learned counsel for the petitioner moved an application dated 7th July, 1971, praying that the respondents be restrained from realising the amount claimed by them as arrears of land revenue by use of coercive process. This court, by an order dated 3rd August, 1971, directed that recovery of dues as arrears of land revenue shall remain stayed provided the petitioners deposit with the Naib Tehsildar a sum of Rs. 500 by the 7th of each month. The first deposit was to be made by the 7th September, 1971. The petitioners claim that ever since then they have been regularly depositing the amount as directed by this Court.

4. Learned counsel for the petitioners submitted that their liability to pay rent accrued under the U.P. Tenancy Act . S.148 of the Act laid down that except as provided by that Act, arrear of rent could be recovered either by a suit or by serving upon the petitioners notices through the Tahsildar in accordance with the provisions of the Act. According to Item No. 2 of the IV Schedule, a suit for recovery of arrears could be filed before the Assistant Collector 1st Class and the period of limitation for such a suit was three years. The procedure for recovery of arrears of rent through the Tehsildar, has been laid down in S.163 of the Act, according to which such arrears as do not exceed three years alone could be recovered on an application being made to the Tehsildar Collection. Accordingly, under the provisions of the U.P. Tenancy Act . arrears of rent beyond a p