- (1.) This appeal by certificate is directed against a judgment of the Allahabad High Court, which dismissed the writ petition filed by the appellants in limine. We have heard learned counsel for the parties at great length. The only point for determination in the present appeal is whether the case of the parties is governed by Section 12 or Section 13 of the U. P. Zamindari Abolition and Land Reforms Act 1950 (Act 1 of 1950) (hereinafter called the Act). The facts in dispute are that so far as the appellants are concerned, they were originally the zamindars of the lands in dispute and they granted Thekas to the respondents first on the 10th of July, 1933 and then on the 24th May, 1943. The interpretation of the terms of the Theka would determine the question of the status of the appellants.
(2.) Shri Shiv Pujan Singh, appearing for the appellants, submitted that as the Theka granted by the Zamindars was not made with the lessees only for the purposes of personal cultivation of the lands the respondents would not fall within the ambit of Sec. 12 of the Act. On the other hand it was argued for the respondents that as they were in cultivating possession of the lands in question, they had acquired the status of hereditary tenants conferred on them by Section 12 of the Act and they are not Assam is as contemplated by Section 13 of the Act. Although the appellants succeeded before the Settlement Officer (Consolidation), the Deputy Director of Consolidation held in revision that the appellants were Bhoomidars and the respondents could not get any status under Section 12 of the Act.
(3.) In order to decide this question, we have to determine the scope and ambit of Section 12 of the Act. "12. Thekedars to be hereditary tenants in certain circumstances - (1) Where any land was in the personal cultivation of a person on the 1st day of May, 1950, as a thekedar thereof and the theka was made with a view to the cultivation of the land by such thekedar personally, then notwithstanding anything in any law, document or order of court, he shall be deemed to be a hereditary tenant thereof entitled to hold, and when he has been ejected from the land after the said date, to regain possession as a hereditary tenant thereof liable to pay rent at hereditary rates.";