CHANDRIKA PRASAD Vs. PULLO

JUDGEMENT

(1.) This appeal, on grant of special leave, has been referred to a larger Bench by an order dated 27th July, 1999 of a Bench of two learned Judges of this Court and that is how it was placed for disposal before this Bench. A few relevant facts for highligting the legal question involved in this appeal deserve to be noted at the outset.

(2.) The appellant before us is the son of one Ram Harakh, who claimed adhivasi rights in two plots of agricultural land being Nos. 210/1 and 549 situated in village Kanak Sarai of Mirzapur district in the State of Uttar Pradesh. This claim was put forward in defence to a suit filed by respondent Nos. 1 and 2 herein under Sec. 229-B(3) of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (hereinafer referred to as 'the U. P. Act'). The aforesaid claim was based on Section 20 of the said Act. In the basic year as provided in the aforesaid U. P. Act, these plots of lands were recorded in the names of Sri Narain, Sheo Narain, Nar Narain, Jagdish Narain, Ghanshyam, Kripa Shanker, Kashi Shanker and Daya Shanker. The respondent Nos. 1 and 2 herein claimed interest in these lands on the ground that Si Narain and others had transferred their interests to one Shri Ram Manawan who, thereafter has executed a sale deed on 10th February, 1961 in favour of respondent Nos. 1 and 2. The appellant's father Ram Harakh put forward his claim for the aforesaid two plots of lands before the Consolidation Officer. The basis of his claim was that he was in possession of these two plots of lands in the years 1356 and 1359 Fasli as sub-tenant of mortgagees and accordingly adhivasi rights were available to him under Section 20 of the U. P. Act.

(3.) Respondent Nos. 1 and 2 resisted the said claim of Shri Ram Harakh and filed objections. They contended before the Consolidation Officer that after the sale deed in their favour they were in actual physical possession of the plots in dispute. That Ram Harakh had surrendered his rights over the plots in dispute in favour of Sri Narain and others some time about 15 or 16 years back.