RAM JIVAN Vs. PHOOLA

JUDGEMENT

(1.) THIS is an appeal by special leave against the judgment of a Division Bench of the High Court of Allahabad dated 5/10/1966, and raises a question of law regarding the applicability of Sections 172 and 174 of the U. P. Zamindari Abolition and Land Reforms Act, 1950 (Act. No. 1 of 1951).

(2.) IT appears that the case had a chequered career and the dispute between the parties passed through several phases both before the Revenue Courts and in the High Court. In order to appreciate the point of law involved in this appeal, it may be necessary to give a resume of the facts which culminated in the judgment of the High Court under appeal. The dispute refers to lands comprised in Khata Nos. 1002, 1344 and 1411 of village Bishunpur in the District of Rae Bareli (U. P.). IT is not disputed that these Khatas originally belonged to one Harbans who died leaving behind three sons, namely, Gurdin, Ramcharan and Ramadhin. Ramacharan appears to have died issueless but Ramadhin died leaving a widow Smt. Menda and a daughter from her Smt. Phoola who was respondent No. 1. The other son Gurdin died leaving a son Jit who had contested the present proceedings against Smt. Phoola. During the pendency of the present proceedings Jit also died and the proceedings have been continued by his son Ram Jivan alias Lallu. The District of Rae Bareli fell in what was previously known as the Oudh Area of the United Provinces. The dispute between the parties appears to have arisen on the death of Ramadhin one of the sons of Harbans who died in 1916 leaving behind his widow Smt. Menda. At the time of the death of Ramadhin in 1916 the tenancy of the lands in dispute was governed by the provisions of the Oudh Rent Act, 1886 - hereinafter referred to as 'the Rent Act of 1886'. Under the provisions of the Rent Act of 1886 Smt. Menda was to continue in possession of the lands as an heir of Ramadhin but only during the fixed period of the tenancy on the rent payable to the landlord and was not entitled to renewal of the same. The terms and conditions of the tenancy at the time of the death of Ramadhin were governed by Section 48 of the Rent Act of 1886 which applied to the Oudh Area where the lands in dispute were situate. Under Sec. 48 of the Rent Act of 1886 it is obvious that on the death of a tenant his widow was to continue in occupation of the lands for the unexpired portion of the period for which the deceased tenant might have held the holding. Accordingly Smt. Menda continued to occupy the lands after the death of her husband in 1916. Meanwhile five years later the Rent Act of 1886 was amended by U. P. Act 4 of 1921 under which the status of a statutory tenant was conferred on a person who was in possession of the lands on the date when the amendment came into force. The amendment introduced a substantial change in Section 48 of the Rent Act of 1886 and added Clause (18) to Section 3 which runs thus:

(3.) SECTIONS 172 and 174 of the Abolition Act, insofar as they are relevant, may be extracted as follows: