VIDYAWATI Vs. GAON SABHA

JUDGEMENT

(1.) THIS is plaintiff's Second Appeal.

(2.) PLAINTIFF no. 1, Smt. Vidyawati and the plaintiff no. 2 Pratap Singh are the daughter and son of earstwhile Pradhan Lochan Singh. The case of the plaintiff is that on 13-2-1964 Gram Sabha of Mauza Khizarpur allotted a plot measuring 3 Biswas 4 Biswansis out of 11 Biswas of land in plot no. 603 for a consideration of Rs. 250/-. The lease was cancelled, in proceedings under Rule 115-N, framed under the UP ZA and LR Act, by the Sub-Divisional Officer. The present suit was filed challenging that order.

(3.) THE learned counsel argued that merely because the allottees were the son and the daughter of the Pradhan, it could not be said that the Pradhan acquired or attempted to acquire the lease for himself or through a partner or otherwise. I feel that he is right. If the allotment was in favour of the Pradhan even indirectly that would be covered by the Section. In this case the allotment was in favour of a widowed daughter who had ceased to be a member of the family of Pradhan and a major son who could not be said to be his appendage. Had he been a minor son or his wife or transaction would have been benami in some-body's name for the benefit of the Pradhan, only in that case the permission required under the Section aforesaid should have been taken. In the instant case the courts below should have examined the provisions of section itself before presuming that the allotment in favour of the son or daughter of the Pradhan would be an allotment for the benefit of the Pradhan himself. I accordingly agree with the learned counsel for the appellant that in the present case the allotment was not hit by the provisions of section 28-C of the U. P. Panchayat Raj Act.