B.L.Yadav- - (1.) BY the present petition under Article 226 of the Constitution of India the prayer is that the impugned order dated 17-10-90 passed by the Board of Revenue Summarily dismissing the second appeal, and the judgment dated 31-8-90 passed by the Additionul Commissioner (Judicial) Jhansi Division, Jhansi, in appeal in a suit filed by respondent no. 3 Visheshwar under section 229-B of the U. P. Zamindari Abolition and Land Reforms Act 1950 (for short the Act) are sought to be quashed.
(2.) THE facts are that respondent no. 3 was a member of Scheduled Caste and he filed a suit for declaration of bhumidhari rights under section 229-B of the Act against the petitioners, the Gaon Sabha and the State of U. P. with the allegations that over plot no. 303 he was in possession for the last five years prior to 30-6-75 (Before June 30, 1975) as provided under section 122-B (4-F) of the Act, and also he has obtained a lease from the Gaon Sabha, but he was sought to be ejected by the Gaon Sabha and also by the Petitioners on the basis that the petitioners have obtained some lease deed which was unauthorised. Consequently a declaration may be made in his favour in respect of bhumidhari rights, and that he was just having 1.33 acres of Land in all including the land in dispute. Consequently he was entitled to the benefit of sub-section (4-F) of section 122-B of the Act. The suit was contested by the petitioners alleging that they have obtained lease deed and that the suit was liable to be dismissed as the plaintiffs have no right or title. The trial court by its judgment dated 11-8-89 dismissed the suit (Annexure 1), where as appeal of respondent no. 2 was allowed by the judgment dated 31-8-90 and the second appeal of petitioners was dismissed by the impugned judgment dated 17-8-90. Against these judgments the present petition has been filed. Learned counsel for the petitioners urged that in a suit under section 229-B of the Act no declaration can be granted nor the lease deed in favour of petitioners could be cancelled. For that purpose the appropriate forum was under section 198 (4) of the Act.
(3.) HAVING heard the learned counsel for the petitioner I am of the view that there was no question of cancellation of the lease deed in favour of petitioner involved in the present case, rather respondent no. 3 was seeking benefit of statutory rights created by sub-section (4-F) of section 122-B of the Act. In case these conditions are fulfilled as laid down under sub- section (4-F) of section 122-B that the tenure holder happens to be an agricultural landless labourer belonging to Scheduled Caste and Scheduled Tribes and was in possession over the land prior to 30-6-1975 (June 30, 1975) and in case the land in occupation together with his earlier land, if any, must not exceed an area of 3.125 acres, then the suit has to be decreed and the person in possession since prior to 30-6-85 would acquire bhumidhari rights and he can not be ejected. Sub-section (4-F) of section 122-B has been added by the legislature by U. P. Act no. 35 of 1976, in its wisdom to materialize the goal of social justice as contemplated by the framer of our sacred Constitution as contained in its preamble on these words : "We the people of India having solemnly resolved to Constitute India into a Sovereign Socialist Secular Democratic Republic and to secure to all its citizens Justice, social, economic and political".;