JAGAT SINGH Vs. KARAN SINGH

JUDGEMENT

(1.) The controversy in this appeal centres around the interpretation of S. 6(4) of the Tehri Garhwal Bhumi Sambandhi Adhikar Niyam, enacted by the erstwhile State of Tehri Garhwal which continued to remain in force even after its merger in the State of Uttar Pradesh.

(2.) The trial court came to the conclusion that the petitioner was entitled to become respondents the 'kahikari' (sub-tenant) of the respondents who were 'maurusidars' (head tenants) of the land in question by virtue of the said provision and decreed the plaintiffs suit. The lower appellate court and the High Court took a contrary view and dismissed the suit. The original plaintiff has preferred the present appeal by special leave and has contended that the interpretation placed by the trial court was the correct interpretation of the relevant provision and that the Lower Appellate Court and the High Court were in error in taking the contrary view.

(3.) The facts in so far as material are not in dispute. All the Courts have concurred in the finding that the petitioner was a 'sapinda' of Jeet Ram, the original 'khaikari' (sub-tenant) who died issueless. From the age of about 12 or 13 years, the appellant had started living with deceased Jeet Ram. He was sharing food and shelter with Jeet Ram and was engaged in cultivating the land in question along with Jeet Ram during his life-time. He had lived as a member of Jeet Ram's family and at the time of the death of Jeet Ram the obsequies were performed by him. Thereafter he was looking after the widow of Jeet Ram.