BABU RAM Vs. SUGHAR SINGH

JUDGEMENT

(1.) THIS is a revision under Section 115 Code of Civil Procedure by Babu Ram and another against the order dated 7 7.1962 of the District Judge of Farrukhabad allowing the appeal of Sughar Singh, opposite party, and thereby declaring the reference under Section 12(4) of the UP Consolidation of Holdings Act (to be referred hereinafter as the Consolidation Act though with reference to the Am ending Act UP Act XVI of 1957 it may also be called the Principal Act) to be invalid. At the same time the Civil Judge was directed to return the papers to the Consolidation Officer with directions to proceed with the case according to law.

(2.) THE point in issue was whether both the parties, or only Sughar Singh, opposite party, was the sirdar of the plots in dispute. The Consolidation Officer treated the dispute to relate to a question of title and under order dated 30.12.1956, passed under Section 12(4) of the Consolidation Act, referred the question of title to the Civil Judge for decision in accordance with the law. The Civil Judge received the papers on 27.4.1957. The Consolidation Act was amended under UP Act XVI of 1957 (to be referred hereinafter as the Amending Act) and under Section 18 of the Amending Act, a new Section 36A was added to the Principal Act, laying down that the question whether a person is a sirdar, adhivasi or asami shall not be deemed to a question of title. The amendment came into force on Tune 3, 1957.

(3.) THE legislature appears to have realised the confusion arising out of the consolidation authorities not following Section 332A, and incorporated a saving Clause (Section 21) in the Amending Act. Section 21 of the Amending Act is as below: