important point
Bhumidhari rights u/s 137 of U.P. Zamidari Abolition and Lands Reforms Act, 1950 would stand acquired on the date on which the amount contemplated by Section 134 is deposited notwithstanding declaration u/s 137.

JUDGMENT

Dr. ARIJIT PASAYAT, J.—

1.Challenge in this appeal is to the judgment of a learned Single judge of the Allahabad High Court dismissing the Second appeal filed by the appellant under Section 100 of the Code of Civil Procedure, 1908 (in short the ‘CPC’). The Second appeal was by the defendant in a suit filed for cancellation of a sale deed executed by one Raghoram in respect of Sirdari plots. The suit was decreed, the defendant’s first appeal was dismissed. The cross-objections of the plaintiff were also dismissed by judgment and decree dated 5.1.1979. The second appeal was directed against the judgment and decree dated 20.7.1978 and the judgment and decree dated 5.1.1979.

2.Raghoram who was a patient of cancer, died in September, 1979. The disputed plots were Sirdari plots and 20 times rent was deposited to convert the Sirdari rights into Bhumidhari rights. The deposit was made on 2.8.1976 and on the same day the sale deed was executed.

3.According to the High Court the point to be considered was whether by the deposit of 20 times rent, Raghoram became Bhumidhar so as to execute the sale deed. The High Court held that till the death of Raghoram sometimes in September, 1976, neither any judicial order was passed for issuance of Sanad nor certificate of Sanad was issued in favour of Raghoram. It was accepted that grant of Sanad of Bhumidhari rights relates back to the date of deposit of 20 times rent. But in the present case since the tenant died before any judicial order for issuance of Sanad could be passed or before the Sanad could be issued, therefore, the grant of Bhumidhari Sanad cannot relate back to the date of deposit and would not entitle the tenant to execute the sale deed in respect of the disputed Sirdari plots on the date of deposit of 20 times rent. Accordingly second appeal was dismissed.

4.Learned counsel for the appellants submitted that the view of the courts below and that of the High Court is clearly contrary to the law. Since on grant of Sanad, Bhumidhari rights relates back to the date of deposit of 20 times rent the mere fact that the tenant died before any order was passed in that regard, the effect would be wiped out is not supportable in law.

5.Learned counsel for the respondent on the other hand supported the order.

6.The question involved in the present case pertains to the interpretation of Sections 134 and 137 of the U.P. Zamidari Abolition and Lands Reforms Act, 1950 (in short the ‘Act’).

7.Sections 134 and 137 of the Act read as follows :

“134(1) If a sirdar belonging to the class mentioned in clause ( a ) of Section 131 pays or offers to pay to the credit of the State Government an amount equal to ten times the land revenue payable or deemed to be payable on the date of application for the land of which he is the sirdar, he shall, upon an application duly made in that behalf to an Assistant Collector, be entitled, with effect from the date on which the amount has been deposited, to a declaration that he has acquired the rights mentioned in Section 137 in respect of such land....”

Section 137 insofar as it is relevant then stood as follows :

“137(1) If the application has been duly made and the Assistant Collector is satisfied that the applicant is entitled to the declaration mentioned in Section 134, he shall grant a certificate to that effect.

(2)Upon the grant of the certificate under sub-section (1) the sirdar shall from the date thereof —

(a)become and be deemed to be a Bhumidhar of the holding or the share in respect of which the certificate has been granted, and

(b) * * *”

8.On the application being made and the stipulated times of land revenue being paid, the sirdari becomes entitled “with effect from the date on which the amount had been deposited” to a declaration that he has acquired rights mentioned in Section 137 of the Act. The Section clearly specifies the date with effect from which the rights would stand acquired i.e. the date on which the amount contemplated by Section 134 is depo