Hirdai Narain Seth, J. - (1.) THIS case has come up before us on a reference made by a learned single Judge for expressing our opinion on the following two questions: - - (1) Whether on a correct interpretation of S. 134 and S. 137 of UP Act I of 1951 as it stood prior to its amendment by the UP Land Laws (Amendment) Act, (Act XXI of 1962), benefit of a certificate granted u/s. 137(1) of the Act enures to the benefit of a tenure holder from the date of its grant or from the date of depositing the amount of ten times the land revenue as provided u/s. 134? (2) Whether the amendment of S. 137 of UP Act I of 1951 by S. 6 of UP Land Laws Amendment Act XXI of 1962 is retrospective in its operation? The learned single Judge felt the necessity of making this reference in view of conflicting decisions of single Judges of this court. In the case of Tikam Singh v. Chhatrapal Singh (1963 AWR 395) Dwivedi J. took the view that prior to its amendment in 1962, benefit of certificate granted u/s. 137(1) enures to the benefit of the tenure holder from the date of grant of certificate and not from the date of depositing ten times the land revenue. Similarly view was taken by Gangeshwar Prasad, J. in the case of Jagat Narain v. Lalji ( : 1964, AWR 646). When the point arose before Tripathi, J. in the case of Niao v. Kunwar Sen (1966 RD 35), he took a contrary view, and held that under the provisions of Ss. 134 and 137 as they stood prior to their amendment in the year 1962, a Sirdar depositing ten times the land revenue would become a Bhumidhar from the date of deposit & not from the date of grant of certificate u/s. 137. It appears that decisions of Dwivedi J. and Gangeshwar Prasad, J. were not brought to his notice. This point again arose before Gulati, J. in the case of Sheo Baran v. State of UP ( : 1968 AWR 301). Gulati, J. expressed his dissent from the view taken by Tripathi, J. and preferred to follow the view taken by Gangeshwar Prasad, J.
(2.) SS . 134 and 137 of the UP ZA and LR Act ever since their enactment have undergone changes a number of times. These sections as originally enacted were as follows: - - 134. Application for acquisition of Bhumidhari rights after the commencement of the Acts - -(1) If a sirdar belonging to the class mentioned in cl. (a) of S. 131 pays or offers to pay to the credit of the State Govt. - - (a) where he pays in a lump sum, an amount equal to 10 times, and (b) where he offers to pay in installments laid down in sub -S. (2), an amount equal to 12 times. The rent payable or deemed to be payable on the date immediately preceding the date of vesting for the land of which he is the sirdar, he shall, upon an application duly made in that behalf to the Asstt. Collector in charge of the sub -division be entitled with effect from the date on which the amount or the first installment, as the case may be, has been deposited, to a declaration that he has acquired the rights mentioned in S. 137 in respect of such land. Provided that the right to pay or offer to pay the amount aforementioned shall cease on the expiry of three months from the date to be notified by the State Govt. (2) A sirdar who offers u/Cl. (b) of sub -S. (1) to pay in installment shall pay the amount in four equal installments, the first installment to be paid with the application and the remaining three installments to be paid every six months thereafter on or before the first day of July and the first day of January each year. Provided that the Asstt. Collector may on an application made in that behalf extend from time to time the date of payment of second or third installment but the total extension shall not in any case extend beyond the date on which the last installment is payable. 137. Grant of certificate - -(1) If the application has been duly made and the Asstt. Collector is satisfied that the applicant is entitled to the declaration mentioned in S. 134, he shall grant a certificate to that effect. (2) Upon the grant of the certificate u/sub -S. (1) the sirdar shall, from the beginning of the agricultural year next after the date thereof - - (a) become and be deemed to be a bhumidhar of the holding or the share in respect of which the certificate has been granted, and (b) be liable for payment of such reduced amount on account of land revenue for the holding or his share therein, as the case may be, as shall be one -half of the amount of rent payable or deemed to be payable by him therefor on the date immediately preceding the date of vesting. Provided that in the cases falling u/Cl (b) of sub -S. (1) of S. 134 the rights conferred by Cl. (a) shall not accrue until all the installments have been paid in accordance with the said section. Explanation - -For the purpose of Cl. (b) the rent payable by a sirdar on the date aforesaid shall where it exceeds an amount double that at the hereditary rates applicable, be deemed to be equal to such amount. According to S. 134, after a sirdar paid ten times the rent payable or deemed to be payable on the date immediately preceding the date of vesting or offered to pay in installments an amount equal to twelve times the rent payable and paid first installment, he became entitled to a declaration that he acquired the rights mentioned in S. 137. In order to find out what rights the sirdar actually acquired one has to look to the provisions of S. 137 itself. A perusal of S. 137 shows, that it provided that when a person after depositing the full amount obtained a declaration mentioned in S. 134 he would from beginning of the agricultural year next after the date of grant of certificate become & be deemed to be a Bhumidhar of the holding or the share in respect of which the certificate had been granted and thereafter he was liable to pay certain reduced amount on account of land revenue. Even in cases where the payment was being made by installments the Sirdar became entitled to a declaration that he has acquired the rights mentioned in S. 137. If he made an application for certificate it had to be issued and the consequences mentioned in S. 137(2) followed. According to S. 137(2) proviso such a person became or deemed to have become Bhumidhar only after all the installments had been paid. So far as the right to pay reduced amount of rent was concerned he became entitled to pay it from the beginning of the agricultural year after the date of grant even though all the installments had not been paid.
(3.) COUNSEL for the appellant argued that the words "with effect from the date on which the amount or first installment as the case may be has been deposited a declaration that he has acquired rights mentioned in S. 137," as used in S. 134 mean that the rights mentioned in S. 137 are to accrue with effect from the date when the amount or the 1st installment is paid. According to him once certificate is granted Bhumidhari rights mentioned in S. 137 will commence with effect from the date of deposit of the amount or payment of first installment. We are unable to agree with this contention. The words "with effect" in the context govern only the words "entitled to a declaration." These words have not been used to specify the time from which the rights mentioned in S. 137 are to commence. All that S. 134 means is that after deposit has been made, the Sirdar concerned becomes entitled with effect from the date of deposit to a declaration that he has acquired rights as mentioned in S. 137. The declaration mentioned in S. 134 was not intended to modify or contradict the rights mentioned in S. 137. As S. 137 itself provides the time from which rights mentioned in that section is to commence, the words "with effect from" as used in S. 134 cannot relate to the period of commencement of the right, mentioned in S. 137. It can only refer to the time when a parson becomes entitled to claim a declaration u/s. 137 as of right. There is nothing wrong in a person being granted a declaration that he would become a Bhumidhar with effect from a future date. If the two sections are interpreted in this manner there will be no inconsistency between the provisions of Ss. 134 and 137 of the Act. We now proceed to examine various amendments made in these sections and their effect.;