MIRDAD Vs. BOARD OF REVENUE

JUDGEMENT

(1.) The appellants before us by certificate of fitness of the case for appeal to this Court from the judgment of a Division Bench of the Allahabad High Court are the purchasers of the interest in some land of Smt. Bhagwani who died during the course of the long litigation before several authorities. Her adopted son Kesho Ram and then the appellants before us, as transferees of rights and interests of Kesho Ram, came into the picture after her death.

(2.) Smt. Bhagwani had let out, on 14th February, 1944, for five years, the land in dispute on an annual rent of Rs. 264/-. After the expiry of the period of the lease, she instituted a suit for ejectment of respondents under Sections 175/179 of the U. P. Tenancy Act, 1939. The respondents had alleged that the transaction was, in substance, a mortgage. They claimed to be entitled to remain in possession until the loan of Rs. 2000, with interest, had been paid off. They also claimed rights of hereditary tenancy on the ground that Smt. Bhagwani paid more than Rs. 25/- as "abwab" of land in dispute which was claimed by her to be her zamindari "sir" land. The suit for the ejectment of defendants was decreed on 8th March, 1949.

(3.) The defendants (respondents before us) appealed. During the pendency of this appeal, the U. P. Zamindari Abolition and Land Reforms Act (hereinafter referred to as the Act) came into force on 1st July 1952. The defendants, therefore, took up the plea that they have become Adhivasis under Section 20 (a) (1) of the Act. The Additional Commissioner, who heard the appeal, upheld this plea, allowed the appeal, and dismissed the suit for ejectment on 6th August, 1953. Therefore, Smt. Bhagwani filed a second appeal in the Board of Revenue, on the ground that, she being a woman, was entitled to the benefit of the provisions of Section 21 (1) (b) read with Section 10 (2) (i) of the Act so that the respondents before us could only have the rights of "Asamis". The Board of Revenue remanded the case to the Additional Commissioner on 17th August, 1954, for hearing on merits after holding that Smt. Bhagwani was entitled to the benefit of an exemption due to her disability as a woman.