JAGANNATH Vs. BOARD OF REVENUE U P ALLAHABAD

JUDGEMENT

(1.) TWO questions have been referred to this Full Bench for decision. The circumstances in which the reference has been made are these:

(2.) IN 1950 or early in 1951 the petitioner, who was the tenant-in-chief of a certain plot of land, filed a suit under Section 180, U. P. Tenancy Act, 1939, (hereinafter referred to as 'the Tenancy act') for the ejectment of the third respondent on the ground that he was a trespasser. On 11-5-1951, the petitioner obtained a decree, and thereafter in execution of his decree he recovered possession of the plot. The third respondent appealed, but before his appeal could be heard a vesting order to take effect from 1-7-1952, was made under Section 4, U. P. Zamindari abolition and Land Reforms Act, 1950, (hereinafter referred to as 'the Act' or 'the Zamindari abolition Act') which came into force on 26-1-1951.

(3.) THE Act abolished the zamindari system and made far reaching changes in the system of land tenure. Under Section 20 those persons who on the date immediately preceding the date of vesting, that is on 30-6-1952, were 'inter alia' recorded as occupants of any land (other than grove land or land to which Section 16 applied) in the khasra or khatauni of 1356 Fasli were to be called 'adhivasis' and were, subject to the provisions of the Act, entitled to take or retain possession of such land.