SUNARA Vs. DDC

JUDGEMENT

(1.) The UP Consolidation of Holdings Act 1953 has been amended many times. One of the amending Acts is UP Act no. 8 of 1963 (the amending Act). The Act as it stood before its amendment by the amending Act is referred to as unamended Act. It provided for second appeal under section 11(2) of the unamended Act (see below) and a revision on limited grounds under section 48 of the unamended Act (see below) . The Act as it stood after amendment by the amending act is referred to as the amended Act. The amending Act abolished second appeal but provided for revision with wider jurisdiction. A three Judge full bench of our court in Prem Chandra and another vs. DDC and others: 1966 RD 264 (the Prem Chandra case) held that a revision will lie against the decision in a second appeal filed before the commencement of the amending Act even though it was decided after commencement of the amending Act. The question involved in these writ petitions is regarding the scope of this revision: is it limited to section 48 of the unamended Act is or is as wide as section 48 of the amended Act. The Facts

(2.) The dispute before the Consolidation Officer was in respect of plots of Khata no. 1052 and plot nos. 3202, 3204, 3205, 3207, 3208 and 3235 situate in village Kuddupur district Jaunpur. Now it is confined to plots of Khata no. 1052 only. Smt. Sanjafi and Smt. Sunra were recorded as sirdar in the basic year consolidation records. Smt. Sanjafi is no more and her rights are inherited by Smt. Sunra. Ram Singh & others filed an objection claiming that they were recorded as occupant in 1356 Fasli, as well as were in possession in 1359 Fasli and have become Adhivasi and thereafter Sirdar. Ram Charan filed objection claiming Sirdari rights over plot no. 2245 on the basis of possession.

(3.) The Consolidation Officer by his order dated 3.10.1962 rejected the claim of Ram Singh & others and Ramcharan on the ground that their names were fraudulently recorded. He accepted the case of Smt. Sunara on the ground that she was recorded as sub-tenant in 1356 fasli and has become Sirdar. Ram Singh & others and Ram Charan filed appeals. In the appeal Ram Singh &others pressed their appeal only in respect of plots of Khata no. 1052. The SOC by his order dated 12.11.1962 allowed the appeals on 12.11.1962. There was clerical error in this order and it was corrected on 5.12.1963. The appellate court held that Ram Singh & others and Ram Charan became Adhivasi and Sirdar of the property in dispute. Smt. Sunra filed a second appeal under section 11(2) of the unamended Act. It was allowed on 24.4.1963 and the order of SOC was set aside and the order of the CO was upheld. Ram Singh & other filed revisions. It is not clear whether Ram Charan also filed a revision or not. However, all revisions were dismissed on 29.7.1963 on the ground that the revisions were not maintainable. Ram Singh & others filed writ petition no. 4429 of 1963 (the earlier writ petition). This writ petition was allowed on 24th May 1968 on the basis of the Prem Chandra case and the case was remanded back. The revision was allowed on 18.2.1974. The revisional court held that Ram Singh & others were recorded occupants of the plots of Khata no. 1052 and have become Adhivasi and Sirdar of the same. Smt. Sunra has filed WP no. 4374 of 1974 and Ram Singh has filed WP no. 2018 of 1974. Scope of the Revision - Limited