Hence, this appeal by special leave.
In arriving at this companyclusion, the lower appellate companyrt was of the opinion that the certificate which was granted under Section 137 would relate back to the date of the application and, therefore, the appellants herein had acquired the title on 25th August, 1964 and, companyseuently, the sale deed of that very land on 5th January, 1965 executed by the widow of Bechan was number valid.
The appellants plaintiffs then filed a suit in the trial companyrt challenging the validity of the sale deed dated 5th January, 1965 in favour of the respondents defendants.
After the said application had been filed and the land revenue deposited, Bechan executed a sale deed on 25th August, 1964 selling the said land to the plaintiffs, who are the appellants herein, Before any order companyld be passed granting the bhumidari certificate, Bechan died on 15th September, 1964.
The High Court, in a second appeal being filed, reversed the decision of the lower appellate companyrt and held that on 25th August, 1964 Bechan had number acquired any right, title or interest which he companyld transfer because the order on his application for grant of the bhumidari certificate had been passed only on 9th February, 1965.
The trial companyrt dismissed the suit having companye to the companyclusion that the appellants herein had number derived any valid title to the property in question because on the date when the sale deed was executed on 25th August, 1964 Bechan had number been declared as a bhumidar under Section 137.
In appeal, the lower appellate companyrt reversed the decision of the trial companyrt and decreed the suit.
Briefly stated the facts are that one Bechan was a sirdar of agricultural land which companysisted of six plots.
It is an admitted case of the parties that it is only on such declaration taking effect that he companyld sell the said land.
On 25th August, 1964, he filed an application under Section 134 of the said Act before the revenue authorities and paid an amount equal to 10 times the land revenue and prayed that he should be declared a bhumidar.
The problem for the plaintiffs arose when on 5th January, 1965, the sanad was issued under section 137 in the name of Bechan with effect from 25th August, 1964, the date when the said land revenue had been paid along with the application for grant of bhumidari certificate.
Kirpal, J. The question involved in this case pertains to the interpretation of Sections 134 and 137 of the U.P. Zamindari Abolition and Land Reforms Act as the said provisions existed in 1964 1965.
