Ramaswami, J. - (1.) This appeal is brought by special leave from the judgment of the Allahabad High Court dated February 16, 1965 in Civil Revision No. 373 of 1963 which was filed against the judgment of the Additional Civil Judge, Mirzapur dated December 4, 1962 in Revenue Appeal No. 417 of 1961.
(2.) The respondent made an application before the Rehabilitation Grants Officer, Mirzapur under Section 79 of the U. P. Zamindari Abolition and Land Reforms Act, 1950 to obtain the determination and payment of rehabilitation grant to him. The case of the respondent was that he was the son of the late Raja Sharda Mahesh Narain Singh Shah of Agori Barhar, Raj, Tehsil Robertsgunj in Mirzapur district. Raja Anand Brahma Shah who was a Malgujar of more than Rs. 10,000 annually executed Gujaranama deeds in favour of his younger brothers and his mother separately in the year 1949. By these deeds certain villages were transferred by the Raja to the Raj Kumar and the mother in lieu of their rights of maintenance. One of such Gujaranamas was executed by Raja Anand Brahma Shah in favour of respondent, Raj Kumar Rukhmini Raman Brahma who is one of his younger brothers. The document was executed on October 5, 1949 and registered on January 18, 1950. The application of the respondent before the Rehabilitation Grants Officer was opposed by the appellant. The objection of the appellant was that the transfer in favour of the respondent cannot be legally recognised in view of Section 23 (1) (a) of the U. P. Zamindari Abolition and Land Reforms Act, 1950 (U. P. Act 1 of 1951) (hereinafter called the Act) for the purpose of assessing the amount of rehabilitation grant. By his order dated January 28, 1961 the Rehabilitation Grants Officer held that the respondent was entitled to rehabilitation grant. The appellant preferred an appeal against the order of the Re-habilitation Grant Officer. The appeal was heard by the Additional Civil Judge, Mirzapur, who rejected the objection of the appellant and dismissed the appeal. The appellant took the matter in revision to the Allahabad High Court, but the Revision Application was dismissed on February 16, 1965.
(3.) It is necessary at this stage to set out the relevant provisions of the Act:Section 3 (12) : "In this Act, unless there is anything repugnant in the subject or context- ********** (12) 'Intermediary' with reference to any estate means a proprietor under-proprietor, sub-proprietor, thekedar, permanent lessee in Avadh and permanent tenure-holder of such estate or part thereof.";