GAON SABHA Vs. DY. DIRECTOR OF CONSOLIDATION, U.P., LUCKNOW AND OTHERS

JUDGEMENT

(1.) THIS petition arises out of consolidation proceedings.

(2.) IT appears that Ram Singh, Respondent No. 6, purchased a half share of Bhumidhari interest of Gajraj Singh and others in an execution sale on 11 -1 -1961. During consolidation operations the Gaon Sabha raised on objection that since the purchaser possessed more than 12 -1/2 acres of land he could not validly acquire any interest in the share of the holding purchased. The execution sale was in contravention of Section 154 of the U.P. Zamindari Abolition and Land Reforms Act and was as such void. The Depury Director of Consolidation has repelled this plea. He held that Section 154 was not attracted to an execution sale.

(3.) IT was urged that Section 163 of the Act provides that a person who has obtained a transfer in contravention of Section 154 would be liable to ejectment from the land on the suit of the Gaon Sabha and the land would thereupon become vacant land. Section 154 does not make any part of bhumidhari land nontransferable. It places a restriction on the right of a bhumidhar to effect transfer. A bhumidhar has a right to transfer his holding except to a person who will possess more than 12 -1/2 acres of land. That appears to be more in the nature of a personal restriction on a bhumidhar than on the transferability of the land itself. Such a restriction would not affect any other person like the State from compulsorily acquiring the bhumidhari holding for the benefit of a person who may possess more than 12 -1/2 acres of land. The right of the State to acquire is not trammeled by Section 154. Similarly, that section does not deal with the situation which may arise by attachment and sale of the holding in execution proceedings. The Court puts up in auction, the interest of the bhumidhar in the land. The Court is not subjected to the condition which has been imposed upon the bhumidhar, in respect of his right of disposal as an owner. These circumstances show that Section 154 places a personal restriction upon the bhumidhar himself in relation to his right of transfer voluntarily. That restriction is not applicable to compulsory sales. The authorities below were right in holding that the execution sale was not illegal. The Gaon Sabha did not, therefore, acquire any right to sue for ejectment of the Petitioner and consequently could not claim that the land would become a vacant land.