137 of the U. P. Zamindari Abolition and Land Reforms Act, 1950.
Before the U. P. Zamindari Abolition and Land Reforms Act, A 1950 was amended in 1962, sec.
136 of the Constitution.
On the same day, Matbar Mal sold the land to the present appellant.
70 of the High Court of Allahabad in Second Appeal NO.
The ground on which the second appeal was allowed by the High Court was that the Sirdar who deposited the requisite amount acquired Bhumidhari rights number from the date of deposit but from the date of the grant of the Bhumidhari certificate, and, therefore, Matbar Mal who executed the sale deed on October 28, 1961 had numberright to execute the same on that day as he acquired Bhumidhari rights with effect from October 30, 1961 only, which was the date of the issuance of the Bhumidhari certificate.
The defendant has preferred this appeal by special leave under Art.
From the Judgment and Order dated 26.
134 in so far as it is relevant stood as follows 134 1 if a sirdar belonging to the class mentioned in cl.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
On October 30, 1961, a certificate to the effect that he had acquired Bhumidhari rights was issued to Matbar Mal under sec.
1994 N of 1971.
M. Khanna and R. A. Gupta for the Respondents.
4540 of 1964.
N. Kackar appeared as amicus curiae.
The Judgment of the Court was delivered by CHINNAPPA REDDY, J. Matbar Mal, who had Sirdari rights over the disputed land, deposited an amount equal to ten times the land revenue payable on the land in order to acquire Bhumidhari rights.
the suit was dismissed by the companyrt of the Additional Munsif and the appeal by the plaintiffs was also dismissed by companyrt of the Temporaries Civil Sessions Judge, Deoria.
Thereafter the sons of Matbar Mal filed the suit out of which the present appeal arises for cancellation of the deed of sale executed by Matbar Mal on October 28, 1961 in favour of the defendants.
P. Verma for the appellant.
134 of the U. P. Zamindari Abolition and Land Reforms Act, 1950 as it then stood.
This he companyld do under sec.
The deposit was made on October 28, 1961.
4276 of 1964 arid decreed the suit.
