DHANI RAM AND ANOTHER Vs. JOKHU AND OTHERS

JUDGEMENT

(1.) THIS case has come up before us on a reference made by a learned single Judge for expressing our opinion on the following two questions: - -

(2.) SS . 134 and 137 of the UP ZA and LR Act ever since their enactment have undergone changes a number of times. These sections as originally enacted were as follows: - -

(3.) COUNSEL for the appellant argued that the words "with effect from the date on which the amount or first installment as the case may be has been deposited a declaration that he has acquired rights mentioned in S. 137," as used in S. 134 mean that the rights mentioned in S. 137 are to accrue with effect from the date when the amount or the 1st installment is paid. According to him once certificate is granted Bhumidhari rights mentioned in S. 137 will commence with effect from the date of deposit of the amount or payment of first installment. We are unable to agree with this contention. The words "with effect" in the context govern only the words "entitled to a declaration." These words have not been used to specify the time from which the rights mentioned in S. 137 are to commence. All that S. 134 means is that after deposit has been made, the Sirdar concerned becomes entitled with effect from the date of deposit to a declaration that he has acquired rights as mentioned in S. 137. The declaration mentioned in S. 134 was not intended to modify or contradict the rights mentioned in S. 137. As S. 137 itself provides the time from which rights mentioned in that section is to commence, the words "with effect from" as used in S. 134 cannot relate to the period of commencement of the right, mentioned in S. 137. It can only refer to the time when a parson becomes entitled to claim a declaration u/s. 137 as of right. There is nothing wrong in a person being granted a declaration that he would become a Bhumidhar with effect from a future date. If the two sections are interpreted in this manner there will be no inconsistency between the provisions of Ss. 134 and 137 of the Act. We now proceed to examine various amendments made in these sections and their effect.