- (1.) THIS is a petition under Article 226 of the Constitution.
(2.) THE dispute relates to an agricul tural land measuring about 7 bighas com prised in various plots as given in Para 1 of the writ petition. The petitioners allege that they have purchased from one Shiv Pujan his 1/4th share in the land in dispute. Shiv Pujan and his uncle Purshotam together owned one-half share of which one-fourth share belonged to Shiv Pujan and the other one-fourth to Purshotam. The land was recorded in the name of Purshotam only. Purshotam deposited ten times of the land revenue and acquired Bhumidhari Sanad. He sold the entire i share to Sarju Dubey on August 6, 1966. Thereafter Shiv Pujan sold his one fourth share to the petitioners. The petitioners filed a suit under Sec tion 229-B of the U. P. Zamindari Abolition and Land Reforms Act for a declaration that they had acquired one-fourth share in the land in dispute. The suit was decreed by the trial court as well as by the first appellate court. However, the Board of Revenue on the second appeal filed by Sarju Dube has reversed the decree and has dismissed the petitioners' suit by an order dated 16-10-1970. This order has been challenged in this petition. The Board has held that Shiv Pujan never became a Bhumidhar and, as such, he had no right to sell his one-fourth share in favour of the petitioners. After a careful examination of the relevant provi sions of the law and on a consideration of the facts and the circumstances of the case, I am satisfied that the view taken by the Board is correct.
(3.) ADMITTEDLY Shiv Pujan was an un recorded co-tenant with his uncle PursYvotam. He was a hereditary tenant. A hereditary tenant is entitled to acquire the privileges of a bhumidhar under Section 3 of the Agri cultural Tenants (Acquisition of Privileges) Act, (Act No. X of 1949). He has to pay ten times of the land revenue and make an ap plication to the Assistant Collector for a declaration of Bhumidhari. This provision of course, applies to a recorded tenant. The procedure for acquisition by an unrecorded tenant of bhumidhari privileges is contained in Sections 3-B and 3-C of the aforesaid Act. According to the former provision, an un recorded co-tenant may apply for bhumi dhari rights under Section 3 in respect of the whole holding or his share and if the re corded tenant gives his consent, the Assis tant Collector allows such application. Under Section 3-C, a provision has been made for a joint declaration of bhumidhari rights in favour of the recorded and un recorded tenants. Thus it is clear that an un recorded tenant can acquire bhumidhari rights either by himself or jointly with his co-tenant, provided he takes steps as contem plated by Section 3-B or Section 3-C of Act No. X of 1949. There is no other manner in which an unrecorded tenant can acquire bhumidhari rights.;