Case Note & Summary
The appeal arose from a judgment of the Allahabad High Court dated 03.03.2006, which allowed a writ petition filed by the respondent (vendee) and dismissed the writ petition of the appellant (legal heirs of the original Sirdar). The dispute concerned three agricultural plots in Village Pilkhana, District Shahjahanpur. One Pursottam, a Sirdar, deposited 20 times the land revenue on 25.11.1974 and applied for Bhumidhari rights under the U.P. Zamindari Abolition and Land Reforms Act, 1950. On 26.11.1974, he executed a sale deed of the plots in favour of Ajudhi @ Ayodhya. For plots 243 and 503, the application for Bhumidhari Sanad was rejected on 23.05.1975, and a revision was pending. For plot 521, the Sanad was granted on 05.01.1976, after Pursottam's death on 04.12.1975. The vendee filed two suits: Suit No. 31 of 1978 for plot 521 and Suit No. 30 of 1978 for plots 243 and 503, seeking declaration of Bhumidhari rights. The trial court dismissed both suits. On appeal, the Additional Commissioner decreed Suit No. 31 but dismissed Suit No. 30. The Board of Revenue dismissed both second appeals. The High Court, in writ proceedings, allowed the vendee's writ and dismissed the legal heirs' writ, decreeing both suits. The legal heirs appealed to the Supreme Court. The Supreme Court considered the provisions of Sections 134 and 137 of the U.P. Zamindari Abolition and Land Reforms Act, 1950, and Section 43 of the Transfer of Property Act, 1882. The court held that under Section 137(2), the Bhumidhari certificate relates back to the date of deposit, making Pursottam a Bhumidhar from 25.11.1974. Therefore, the sale deed executed on 26.11.1974 was valid. For plots 243 and 503, although the application was rejected, the revision was pending when the U.P. Ordinance No. 1 of 1977 granted Bhumidhari rights to all Sirdars, abating the revision. The court applied the principle of feeding the grant by estoppel under Section 43 of the Transfer of Property Act, as laid down in Ram Pyare v. Ram Narain, (1985) 2 SCC 162, to validate the sale. The Supreme Court dismissed the appeal, upholding the High Court's judgment.
Headnote
A) Property Law - Transfer of Property Act - Section 43 - Feeding the Grant by Estoppel - Where a Sirdar deposits 20 times land revenue and executes a sale deed before grant of Bhumidhari certificate, the subsequent certificate relates back to the date of deposit, and Section 43 of the Transfer of Property Act, 1882 applies to validate the transfer - The court held that the vendor's representation of title, though initially imperfect, becomes effective when the title is subsequently acquired, feeding the estoppel (Paras 9-11). B) Land Reforms - U.P. Zamindari Abolition and Land Reforms Act, 1950 - Sections 134 and 137 - Bhumidhari Rights - Retrospective Effect - Under Section 137(2), upon grant of certificate, the Sirdar becomes a Bhumidhar from the date of deposit under Section 134 - Thus, a sale deed executed after deposit but before certificate is valid as the title relates back - The court held that the certificate has retrospective effect, making the transferor a Bhumidhar from the date of deposit (Paras 7-9). C) Property Law - Transfer of Property Act - Section 43 - Applicability to Land Reforms - The principle of feeding the grant by estoppel under Section 43 applies to transfers by Sirdars under the U.P. Zamindari Abolition and Land Reforms Act, 1950 - The court relied on Ram Pyare v. Ram Narain, (1985) 2 SCC 162, holding that if the necessary conditions are fulfilled, Section 43 operates to validate the sale (Paras 10-11).
Issue of Consideration
Whether a sale deed executed by a Sirdar after depositing 20 times land revenue but before grant of Bhumidhari certificate is valid, and whether Section 43 of the Transfer of Property Act applies to validate such transfer.
Final Decision
The Supreme Court dismissed the appeal, upholding the High Court's judgment. The court held that the Bhumidhari certificate relates back to the date of deposit under Section 137(2), making Pursottam a Bhumidhar from 25.11.1974, and the sale deed executed on 26.11.1974 is valid. For plots 243 and 503, the revision abated by the Ordinance, and Section 43 of the Transfer of Property Act applies to validate the sale. The suits filed by the respondent were rightly decreed.
Law Points
- Section 43 of Transfer of Property Act
- 1882
- Section 134 of U.P. Zamindari Abolition and Land Reforms Act
- 1950
- Section 137 of U.P. Zamindari Abolition and Land Reforms Act
- Doctrine of Feeding the Grant by Estoppel
