NATH SINGH Vs. BOARD OF REVENUE U P

JUDGEMENT

(1.) These six appeals by special leave arise from a common judgment of the Allahabad High Court rejecting six writ petitions filed by the appellants in that Court for quashing the orders of the Board of Revenue arising out of cases filed under Section 232 of the U. P. Zamindari Abolition and Land Reforms Act.

(2.) The relevant facts are as follows. In 1945 one Ram Dhani Singh who was the thekadar of the proprietary rights of a village sued the appellants and the respondents other than the Board of Revenue for their ejectment under Section 171 of the U. P. Tenancy Act alleging that the appellants had illegally sublet the lands to the said respondents. The appellants and the respondents made a common cause denying the alleged subletting and stating that the entries in the village records about the respondents being sub-tenants were erroneous. On 3rd March 1946 i.e. towards the end of 1353-F the suit was dismissed on the ground that there had been no subletting and that the entries regarding the subletting in the village records were not correct. No attempt was however made by anyone to bring the village records in harmony with the said decision with the result that the said respondents continued to figure therein as sub-tenants as before. On his attention being drawn to this fact, the Lekhpal on his own authority removed the entries in favour of the said respondents showing them as sub-tenants from the records of the year ending 1358-F. The entries in the year 1356-F, were left undisturbed, and it was not within the jurisdiction of the Lekhpal to make any alterations therein.

(3.) The U. P. Zamindari Abolition and Land Reforms Act (hereinafter referred to as the 'Act') came into force with the commencement of 1360-F i.e. 1st July, 1952. Under S. 20 (b)(i) every person who was recorded as occupant in the Khasra or Khatauni of 1356-F prepared under Sections 28 and 33 respectively of the U. P. Land Revenue Act was to be called an "adhivasi" and was subject to the provisions of the Act to be entitled to take or retain possession of the land (unless he would become a bhumidar or an asami). The second Explanation to the section provided that where any entry in the records referred to in clause (b) of Section 20 had been corrected before the date of vesting under or in accordance with the provisions of the U. P. Land Revenue Act, 1901, the entry- so corrected was to prevail for the purposes of the said clause. The third Explanation provided that for the purposes of the second Explanation an entry shall be deemed to have been corrected before the date of vesting if an order or decree of a competent court requiring any correction in the records had been made before the said date and had become final even though the correction may not have been incorporated in the records.