Prem Nath Kakkar v. Third Addl. District Judge, Nainital
1978-12-22
K.N.GOYAL
body1978
DigiLaw.ai
JUDGMENT K. N. Goyal, J. This writ petition arises out of proceedings under the U. P. Imposition of Ceiling on Land Holdings Act. Learned counsel for the petitioner has raised the following contention: The first contention is that the land in question has wrongly been held to be irrigated land. It appears that clause 'firstly' of section 4A of the Act has been applied on the basis that the land was irrigated by a private irrigation work which came into being before 15th August, 1972. There is, however, no finding either of the Prescribed Authority or of the appellate authority to the effect that at least two crops were grown in the land in any of the years 1377F, 1378F and 1380F. Thus, the requirements of subclause (b) of clause 'firstly'were not considered. The mind of the Prescribed Authority and of the appellate authority has not been applied to this subclause at all. Accordingly, the finding on this point cannot be sustained, and the matter should be decided afresh. The second point urged by learned counsel is that the petitioner had granted a sublease to certain persons in respect of a considerable area for five years on 26th October, 1966, before the date of vesting which, in this case, was 1st July, 1969, the area being one to which section 1 (3) of the U. P. Zamindari Abolition and Land Reforms Act, 1950, applied. It was found that there was no registered lease. There was only an unregistered document purporting to be a lease. Section 56 of the U. P. (Sic), that a lease for a period exceeding one year or from year to year shall be made by a registered document only. Section 57 laid down that in lieu of registration, it was also open to the parties to get the lease attested by a revenue court or by a revenue officer not inferior in rank to a qanungo or such other person as the Provincial Government may, by general or special order in this behalf appoint, and subject to such conditions, if any, as the Provincial Government may by rules made under the Act, direct. No such attestation is shown to have been adopted either.
No such attestation is shown to have been adopted either. Moreover, as pointed out in the counteraffidavit, the petitioner was a Government lessee and under the terms of the Government grant, he had no right of subletting and, as such, the alleged subletting, assuming it to be genuine, must be held to be void ab initio. Section 133A of the U. P. Zamindari Abolition and Land Reforms Act lays down that notwithstanding anything to the contrary contained in this Act, every person, to whom land has been let out by the State Government, shall be entitled to hold the same in accordance with the terms and conditions of the lease relating thereto. In view of this express provision, the tenureholder had no right to create any sublessee right in Government land contrary to the interest of the Government and to the terms of the lease. Although, the finding of the appellate authority has not been properly expressed, the learned Additional District Judge in his order dated 18th May, 1977, has referred to the fact that the names of the socalled tenants were not recorded in the extracts of the Khasras for 1373F., and 1374F. From this, it appears to have been inferred that the alleged sublease was not genuine. It has thus been rightly held that the land in question was under the tenure of the petitioner and that the attempt to set up socalled sublessees was futile. I find no manifest error in the finding. No other point was urged or pressed before me. In the result, the writ petition is partly allowed, and the order of the Prescribed Authority dated 5.8.1975, annexure 18, and that of the III Additional District Judge, dated 18.5.1977, annexure 19 to the writ petition, only in so far as they find the land in question to be irrigated, are hereby quashsd. The other findings of the Prescribed Authority, as affirmed by the appellate authority, shall stand undisturbed. The Prescribed Authority shall decide the question of irrigation afresh in accordance with law in the light of the observations made in this judgment. No order as to costs.