KALAWATI Vs. BISHESHWAR

JUDGEMENT

(1.) This appeal by certificate raises the question of construction of Clause (b) of Section 23 (1) of the U. P. Zamindari Abolition and Land Reforms Act, (1 of 1951, hereinafter referred to as the Act) and the effect of its deletion by Section 6 of the U. P. Land Reforms (Amendment) Act. XX of 1954 and later by Section 3 of the U. P. Land Reforms (Amendment) Act XVIII of 1956.

(2.) Some of the relevant facts may first be set out: Prior to June 14, 1952 Kapurthala Estate was the owner of the mango grove in suit. On June 14, 1952 the Estate sold the said grove to the appellant. A notice to quit was thereafter served on the-respondent tenant but as he failed to deliver possession the Kapurthala Estate and the appellant filed on May 12, 1954 the suit out of which this appeal arises. On October 1, 1959 the Kapurthala Estate withdrew from the suit leaving the appellant the sole plaintiff. The respondent-tenant raised several defences in his written statement. The Trial Court raised several issues amongst which issue No.7 was:

(3.) Counsel for the respondent contended (i) that the effect of Section 23 (1) (b) was that transfers made after July 7, 1949 were void for any purpose whatsoever; and (ii) that in any event withdrawal by the Kapurthala Estate from the suit must date back from the inception of the suit and therefore the Division Bench was correct in dismissing the suit. To appreciate these contentions it is necessary to read first some of the provisions of the Zamindari Abolition Act.