Jagdish Sahai, J. - (1.) In this special appeal which is directed against the judgment of R.N. Sharma, J. dated January 25, 1965 the following two submissions have been made before us: 1. That the finding with regard to possession of the Respondents over the plots in dispute, by the consolidation authorities not being based on evidence was liable to be quashed and the learned single judge committed an error of law in not doing so.
(2.) That the name of the Appellant having been recorded as Sirdar in the compensation statement prepared under Sec. 240 -D of the U.P. Zamindari Abolition and Land Reforms Act (hereinafter referred to as the U.P.Z.A. and L.R. Act) and no objection having been filed the same became final under Sec. 240 -J of the UP ZA and LR Act. The consolidation authorities were therefore precluded from going into that question and holding that not the Appellant but the Respondent was the Sirdar of the land in dispute. No other submission has been made before us. We proceed to consider the submissions seriatim. (I) No ground has been taken in the memorandum of appeal that the finding that the Respondents are in possession over the land in dispute is not based on evidence. It does not also appear from the judgment of the learned single Judge that the point that the findings are based on (sic) evidence was raised before him. In the writ petition also no point with regard to the finding not being based on evidence was taken. It does not also appear to have been taken before the Deputy Director (Consolidation). That being the position, we have not allowed the learned Counsel to urge this point before us. The question would require examination of evidence which this Court does not normally do in a proceeding under Article 226 of the Constitution of India or in an appeal against an order passed by the learned single Judged in a writ petition. We, therefore, overrule the first submission of the learned Counsel. (II). Before we comb to deal with the second submission of the learned Counsel for the Appellant, we would like to point out that Sec. 240 -J occurs in Chapter IX -A which was introduced in the principal Act by U.P. Land Reforms (Amendment) Act, 1954 (U.P. Act 20 of 1954). This Chapter is headed as "Conferment of sirdari rights on adhivasi" and contains 14 sections. The provisions contained in these Ss. show that they deal with the acquisition of rights, title and interest of landholder in the land held by adhivasis and for payment of compensation to him in respect of it. Whereas Chapter II of the U.P. Zamindari Abolition and Land Reforms Act deals with the acquisition of the proprietary rights of an intermediary or a landlord, Chapter III of the Act deals with the payment of compensation to him in respect of such rights. Chapter IX -A of the Act deals with acquisition of rights of an intermediary or a landlord in respect of the lard owned by him and occupied by adhivasis and for payment of compensation to him in respect of acquisition of his rights in such land. Sec. 240 -A with which Chapter IX -A opens, provides for the acquisition of rights, title and interest of the landholder in the land held by an adhivasi. Sec. 240 -B provides for the consequences that ensue on acquisition of rights, title and interests of a landholder under Sec. 240 -A of the Act. Sec. 240 -C provides that the landholder shall receive compensation in respect of acquisition of his rights, title or interest in the land occupied by adhivasis. Sec. 240 -D provides for the preparation of a compensation statement. Sec. 240 -E enjoins as to in what manner compensation shall be paid to the landholder. Sec. 240 -F provides for publication of the compensation statement prepared under Sec. 240 -D. Sec. 240 -G provides for filing of objections. Sec. 240 -H provides for disposal of objections. Sec. 240 -HH provides that if a question of title arises in respect of land occupied by an adhivasi in areas under consolidation operation the matter should be referred to the Arbitrator. Sec. 240 -I provides for appeal to the Collector. Sec. 240 -J provides for the publication of the statement. Sec. 240 -K provides for the payment of compensation. Sec. 240 -L provides that the provisions of Ch. IX -A shall not apply to evacuee property and Sec. 240 -M confers on the State Government the power to make rules. These provisions clearly show that the purpose of the provisions contained in Chapter IX -A is 10 provide for the acquisition of the rights, title and interest of a landholder in his plots occupied by adhivasis and for payment of compensation to him. That Chapter does not at all deal with the decision of dispute between persons claiming to be an "Adhivasi" or "Sirdar" of a plot of land. Sec. 240 -D reads as follows: 240 -D. Compensation Statement. For purposes of assessment and payment of compensation for acquisition of rights, title and interest of the landholder in the land referred to in Sec. 240 -A the Compensation Officer shall prepare a compensation statement showing: (a) The name or names of the landholder; (b) Where the land referred to in Sec. 240 -A was, on the date immediately preceding the date of vesting (i) recorded as sir, khudhasht or fixed rate tenancy of the landholder, or (ii) included in the holding of a person belonging to any of the classes mentioned in Clause (d) of Sec. 18, or (iii) included in the holding of a person belonging to any of the classes mentioned in Sec. 19 The rent computed at hereditary rates applicable on the said date; (c) Where the land referred to in Sec. 240 -A was land other than land mentioned in Clause (b), the rent payable for such land by the tenant thereof on the said date; and (d) such other particulars as may be prescribed. (Italicised by us) It is clear from this provision that the only purpose for which a compensation statement is prepared is to assess and pay to the intermediary or the landlord compensation for the acquisition of his land occupied by an "Adhivasi" or a 'Sirdar". Section 240 -F reads: 240 -F. Preliminary publication of statement. The compensation Statement prepared under Sec. 240 -D shall be published in the manner prescribed and a copy thereof shall also be sent to the land holder concerned. It would be noticed that no copy is to be sent to any person other than the landlord, not even to one who may claim to be "Adhivasi" or "Sirdar" of the la ad acquired. This provision also shows that the purpose of the compensation statement is to assess and pay compensation to the intermediary or the landholder. If the idea was that compensation statement would record the rights or the status of persons claiming to be adhivasis or sirdars of the land acquired, a copy of this compensation statement would also be required to be sent to them which admittedly is not provided for. Section 240 -G reads: 240 -G. Filing of objections. Any person interested or the State Government may in the manner prescribed file before the Compensation Officer an objection upon such statement within the period of one month from the date of its publication . (Italicised by us) The word "person interested" means "person interested in receiving the compensation". There is no provision for the filing of objections by persons claiming to be adhivasis or sirdars of the, land acquired.
(3.) From this provision also it follows that compensation statement is prepared only for the purpose of paying compensation to the landlord. Section 240 -H deals with the disposal of objections. It reads: 240 -H. Disposal of objections. (1) Except as provided in Sub -section (2), the Compensation Officer shall after hearing the parties, if necessary, on the objections filed under Sec. 240 -G dispose of the objection in the manner prescribed. (2) Where the objection filed under Sub -section (1) - - (a) is that the land is not land referred to in Sub -section (1) of Sec. 240 -A, the Compensation Officer shall frame an issue to that effect and refer it for disposal to the Court which would have jurisdiction to decide a suit under Sec. 229 -B read with Sec. 234 -A in respect of the land and thereupon all the provisions relating to the hearing and disposal of such suits shall apply to the reference as if it were suit. (b) involves a question of title and such question has not already been determined by a competent Court, except in cases in which Sec. 240 -H applies, refer the question for determination to the Court of competent jurisdiction. Explanation : Whether a person is or is not an adhivasi shall not be deemed to raise a question of title within the meaning of this clause. (3) That District Judge shall determine the question referred to him under Clause (b) of Sub -section (2) in the manner prescribed and his decision thereon shall be final. (Italicised by us) An analysis of this provision' reveals that only two kinds of objections are contemplated i.e. (I) That the land is not one referred to in Sub -section (1) of Sec. 230 -A that is to say, the land is not one occupied by an adhivasi. (II) That not the person whose name is shown in the compensation statement, but the objector in the landlord and for that reason entitled to receive compensation. In our opinion, the expression "involves a question of title" occurring in Clause (b) means, when the question is raised as to who is entitled to receive compensation. The Explanation makes it abundantly clear that whether or not a person is an adhivasi shall not be deemed to raise a question of title. From this it follows that whether or not a person is an adhivasi shall not be determined by the District Judge. In this chapter there is no provision under which the question as to who is the adhivasi or the sirdar of the land in question is to be determined. As would appear from the scheme of the Chapter, as disclosed by its various pro visions, the two parties to the proceedings contemplated by this chapter are (i) the State who acquires the plots occupied by adhivasis and (ii) the landlord or the person who owns the plots and is thus entitled to receive compensation. There is no third party contemplated. It is true that Clause (a) of Sub -section (2) provides that if the objection is that the land is not occupied by an adhivasi, an issue to that effect be framed and referred by the Compensation Officer to the Court which has jurisdiction to decide a suit Under Sec. 229 -B read with Sec. 234 -A of the U.P.Z.A. and L.R. Act. Sec. 229 -B reads: 229 -B. Suit by an Asami for declaration of rights : (1) Any person claiming to be an asami whether exclusively or jointly with any other person may sue the landholder: (a) for a declaration I that he is an asami of the holding, or (b) for a declaration of his share therein. (2) In any suit under Sub -section (1) any other person claiming to hold as asami under the land -holder shall be impleaded as Defendant. (3) The provisions of sub -Sees. (I) and (2) shall mutatis mutandis apply to a suit by a parson claiming to be a bhumidhar or sirdar, as the case may be with the amendment that for the word "landholder" the words "the State Government and Gaon Samaj" are substituted therein. Sec 234 -A reads: 234 -A. Application of Sec. 212 -B, 212 -C and 229 -B to 229 -D in the case of an adhivasi: The provisions of Sec. 212 -B, 212 -C and 229 -B to 229 -D shall apply to an adhivasi as if he were "an asami". (Italicised by us);