PATIRAJI Vs. MAMTA

JUDGEMENT

(1.) The question which arises for consideration in this appeal is whether the appellant Patiraji is entitled to the "Adhivasi" rights under Section 20 (b) (i) of the U. P. Zamindari Abolition and Land Reforms Act, 1950 ("the Act").

(2.) One Ram Adhar and the respondents were co-tenants of certain lands situated at Bibiganj, District Sultanpur. On the death of Ram Adhar on 24-2-1949 the appellant took proceedings under the U. P. Tenancy Act 1939 for a declaration that she was the widow of Ram Adhar and as such, had become a co-tenant along with the respondents. The appellant succeeded before the Assistant Collector but in appeal, the Additional Commissioner and then the Board of Revenue took a contrary view, holding that the appellant was not the widow of Ram Adhar. The judgment of the Board of Revenue is dated July 1, 1954.

(3.) In the meanwhile, the Act had come into force on July 1, 1952. The appellant then brought the present suit, treated as one under S. 20 (b) read with Section 232 of the Act. The case of the appellant is that her name was recorded as an occupant in the Khasra of 1356F, that she has therefore become an Adhivasi under Section 20 (b) (i) and is consequently entitled to possession of the lands from which she was unlawfully dispossessed by the respondents. The trial court dismissed the suit but the Additional Commissioner allowed Patiraji's appeal and decreed her suit. Respondents carried an appeal against the decision of the Additional Commissioner to the Board of Revenue but that appeal was dismissed. The respondents then filed a writ petition in the High Court of Allahabad, which was allowed by a learned single Judge of that court. He held that the entry in favour of the appellant appeared in the Khasra of 1356F, for a part of the year only and therefore she was not entitled to the Adhivasi rights. Special Appeal No. 344 of 1956 against that judgment was dismissed by a Division Bench in limine on October 31, 1956. This is an appeal by special leave against that decision.