Summary
The Supreme Court distinguished land for which a bhumidhari certificate was actually granted from land for which the application was rejected and the revision later abated. The granted certificate related back despite the applicant’s intervening death, sustaining the sale of Plot 521. The 1977 statutory conversion did not retrospectively validate his sale of Plots 243 and 503.
Issues
- Whether a certificate granted after the applicant’s death validated his earlier sale.
- Whether the abated claim concerning other plots benefited retrospectively from the 1977 conversion of tenure.
Provisions considered
- Sections 134(1) and 137, as then in force, Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950An issued certificate related back to the qualifying deposit and application; intervening death did not defeat the granted rights over Plot 521. (¶ 7–12)
- Sections 130 and 131, substituted in 1977, Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950Statutory tenure conversion benefited those holding the relevant sirdari status on commencement, rather than retrospectively conferring rights on the deceased vendor. (¶¶ 14–15, 20)
- Section 73, Uttar Pradesh Land Laws (Amendment) Act, 1977Pending acquisition proceedings and the rejection revision abated; deposit refund to the applicant or representatives replaced the terminated claim. (¶ 16–20)
- Section 43, Transfer of Property Act, 1882The Court discussed title-feeding precedents for later-acquired rights but did not use that principle to validate the deceased vendor’s sale of plots covered by the terminated claim. (¶¶ 9–12, 19–20)
Held
- The certificate for Plot 521, although granted after the vendor’s death, related back under the then Sections 134 and 137. The decree in Suit 31 of 1978 was rightly granted. (¶ 9–12)
- For Plots 243 and 503 the application had been rejected and its revision abated under Section 73, with the deposit refundable. No benefit could be founded on continued pendency of that claim. (¶¶ 13, 16–19)
- The vendor was dead before statutory conversion on 28 January 1977 and his heirs stood recorded in his place. Conversion could not retrospectively vest him with transferable rights to validate the earlier sale of those two plots. (¶ 20–22)
Result
Appeal partly allowed. Decree in Suit 31 of 1978 concerning Plot 521 maintained; High Court decree in Suit 30 of 1978 concerning Plots 243 and 503 set aside and that suit dismissed. Parties to bear own costs.