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ALLAHABAD HIGH COURT
K.P. Singh, J
Paras Nath v. Board of Revenue U. P. Allahabad and Others
| Table of Content |
|---|
| 1. doubt about sub-tenancy principle necessitates larger bench review. (Para 1) |
| 2. eligibility criteria for asami under zamindari abolition act outlined. (Para 2) |
| 3. planting of trees impact on sub-tenancy rights discussed. (Para 3 , 4 , 5) |
| 4. contestation of tenancy and grove land status presented. (Para 6 , 7) |
| 5. court's directive to reassess prior rulings based on findings. (Para 8) |
1. Having felt doubtful about the principle of law laid down in Lalit Tewari v. Genda Tewari , 1974 Unreported Rev. Cas. 318, that a sub-tenant of a fixed rate tenant with specific authorisation to plant grove would become Asami u/s.21(1)(b) of UPZA and LR Act of 1951 a provision in pari materia with S. 19(b) of U. P. Urban ZA and LR Act (hereinafter referred to as Act), one of us (Hon'ble K.P. Singh, J), referred this petition directed against order of Board of Revenue and others arising out of proceedings started for eviction u/s 202 of the Act for decision by a larger bench.
2. Prior to narration of facts it may be examined who are those persons who would become Asamis under sub-cl.(b) of S.19 of Act. But before doing so it would be better if import of similar provision in ZA and LR Act
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