AVADESH KUMAR Vs. BOARD OF REVENUE

JUDGEMENT

(1.) GAON Sabha, Brindaban, through Husani, Pradhan Gram Samaj, Pargana Gondwa, Tehsil Sandila, district Hardoi, instituted the suit under Section 163/167 of the U.P. Zamindari Abolition and Land Reforms Act (hereinafter referred to as the Act) in respect of grove No. 408 having an area of 25 bghas 13 biswas containing nearly 400 trees such as Mahuwa, Mango, Shisham, etc. The assertion of the Gaon Sabha was that the grove in dispute belonged to Rudra Bux Singh, Respondent No. 6 an intermediary who sold the same to Avadhesh Kumar, Petitioner in the present writ petition by a registered sale deed dated 7th January, 1963. The contention of the Gaon Sabha was that under Section 154 of the Act the transferee acquired an area of more than 12 1/2 acres of land and as such acquired no title either in the land or in the tree and both transferor and transferee were liable to ejectment. The suit was contested by the Petitioner on the ground that the sale was valid transaction and the document conferred good title on the Petitioner and the suit property was an intermediary's 'grove' and not land as defined in the Act so Section 154 of the Act did not apply and that even if the area be 'land' he was not liable to ejectment from 12 1/2 acres of the land. The trial court by judgment dated 29th August, 1964, decreed the entire suit. Against that decree and judgment the Petitioner preferred appeal which was heard by the Additional Commissioner, who dismissed the appeal by his judgment dated 20th February, 1965. The Petitioner thereafter preferred second appeal before the Board of Revenue which was dismissed on 4th of January, 1971. The Petitioner thereupon filed the present writ petition in this Court. The petition came up for hearing before the learned Single Judge who was of the view that the writ petition raised questions of law of general importance. According to the learned Single Judge the first question which arises in the case is "whether the term 'land' as used in the Zamindari Abolition and Land Reforms Act includes a grove or grove land so that the transfer of a grove will be liable to be covered by Sections 154 and 163 of the Zamindari Abolition and Land Reforms Act." Another question of equal importance, according to the learned Single Judge, involved in the writ petition is "whether the term 'holding' would include proprietor's grove - A third question which according to the learned Single Judge requires consideration is "whether in a case where a transfer is of more than 12 1/2 acres of land, could the transfer be valid to the extent of 12 1/2 acres." In view of the general importance of these questions the writ petition has been referred to a larger Bench and thus it has come before us.

(2.) THE admitted facts are that Sri Rudra Bux, Respondent No. 6, was Bhumidhar of plot No. 408 measuring 25 bighas and 13 biswas. He transferred the same through the sale deed in question to the Petitioner. Thus the Petitioner held more than 12 1/2 acres of grove along with the trees standing thereon.

(3.) RELEVANT portion of Section 154 of the Act is quoted below: