BINDHA PRASAD Vs. BHAN DATT

JUDGEMENT

(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 defendants 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.