SMT. MAYA Vs. NARAIN DASS AND OTHERS

JUDGEMENT

(1.) THIS appeal was originally heard by a learned single Judge who felt that the two division Bench decisions of this Court, namely Dularey v. Rajeshwari, 1966 ALJ 199 and Hasina Bibi v. Ram Din, 1967 ALJ 27 :, 1966 AWR 779 required reconsideration. He, therefore, referred the case to a larger Bench which endorsed his opinion and referred the following points to us for decision:

(2.) WE proceed to deal with this case on the basis of the facts which were accepted by the learned single Judge, who posed the above questions. The disputed plots belonged to one Bijain and were inherited on his death by his widow Smt. Lakshmi. When she died her minor unmarried daughter Kumari Maya became the landholder. Her elder sister Saheb Kunwar acting as her guardian executed a registered lease of the plots in favour of the Plaintiffs, Ram Charan etc., on 15 -10 -1947 for a period of five years. Later on Maya was also married to her sister's husband, Thakur Das, who was admitted to the holding as co tenant with Maya, with the consent of the Zamindar in the year 1948. Thus on the date of vesting both Maya (who was still a minor and disabled person) as well as her husband, Thakur Das were the land -holders of the plots in question. The present suit was filed by the lessee Plaintiffs in the year 1954 for a declaration that they had become adhivasis of the land on the coming into force of the UP ZA and LR Act and had subsequently acquired sirdari rights on the passing of UP Act XX of 1954. The question, therefore, arose as to the interpretation to be put on Clause (h) of Section 21(1) of the UP ZA and LR Act (hereinafter called the Act).

(3.) BY the amending Act the words "both on the date of letting and on the date immediately preceding the date of vesting" were omitted. In the 1953 enactment it was provided that the landholder should be a disabled person on the date of letting and on the date immediately preceding the date of vesting. By the amending Act of 1954 the words referring to the disability of the landholder on the date immediately preceding the date of vesting were dropped.