SAHU RAM KISHAN Vs. STATE OF U P

JUDGEMENT

(1.) These are 12 connected applications in revision Under Section 102 of the UPZA and LR Act (hereinafter referred to as the Act).

(2.) It appears that Sahu Ram Kishan formed a joint Hindu family with his sons and the family owned substantial zamindari property. The following genealogical table will be of assistance in following the facts of the case:

(3.) The UP ZA and LR Act having come into force draft compensation as assessment rolls were prepared between January and April, 1953, and notices in respect of them were served between March and May, 1953. It is important to note that these rolls were prepared in the name of each member of the family of Sahu Kishan separately, excepting of course, the two daughters. Eventually final compensation assessment rolls were prepared Under Section 52 some time in the year 1955. Although no objections Under Section 46 of the Act had been filed against the draft compensation assessment rolls, by an oversight or on a wrong view of the law the final compensation assessment roll was prepared only in the name of Sahu Ram Kishan. On 28-10-1958 Sahu Ram Kishan filed an application in the Board of Revenue praying that the Rehabilitation Grants Officer be directed to expunge the name of Sahu Ram Kishan and entertain the application of each member of the family. This application was also signed by the sons of Sahu Ram Kishan as well. No orders were passed on this application. It was simply ordered to be filed. On 12-12-1959, Sahu Ram Kishan filed an application before the Compensation Officer praying that separate rolls be prepared for each member of the family for the payment of rehabilitation grants. As no orders on this application were passed, he made another application on 28-12-1959 containing the same prayer. On 11-4-1960 the Compensation Officer rejected the application. Appeals were filed to the District Judge who dismissed them on 30-9-1961, but observed that proper applications should be made for rehabilitation grants as the limitation for such applications had not expired. On 3-11-1961 applications were filed by Sahu Ram Kishan and his sons separately for payment of rehabilitation grants. On 11-2-1963, the Rehabilitation Grants Officer dismissed the applications. Appeals, which were heard by the learned Civil Judge of Pilibhit, were dismissed on 30-9-1964, by the order sought to be revised.