Case Note & Summary
The case involves a dispute over plot no. 2902 in Village Mathura Bangar, District Mathura, U.P. Smt. Chando and Sita Ram (original tenure holders) sold the plot to late N.D. Chaudhary via registered sale deed dated 24th January 1973. Subsequently, late N.D. Chaudhary exchanged this plot with late Kesho Ram for plots 2863 and 2888 via registered exchange deed dated 2nd March 1974, without obtaining permission from the Assistant Collector as required under Section 161 of the U.P. Zamindari Abolition and Land Reforms Act, 1950. During consolidation proceedings, late Kesho Ram sought mutation based on the exchange deed. Smt. Chando and Sita Ram objected, challenging the validity of the sale deed and the exchange. The Consolidation Officer held the sale deed valid but the exchange void for want of permission. The appellate and revisional authorities upheld this. The High Court, in a writ petition by late Kesho Ram, set aside these orders, holding that the exchange was voidable only at the instance of the Gaon Sabha or land holder, not by the original sellers. The Supreme Court upheld the High Court's decision, ruling that the exchange deed, though executed without permission, was voidable under Section 167 and not void ab initio. Since no suit for ejectment was filed within the six-year limitation period, the exchange remained valid. The appellants, having sold the land, had no locus standi to challenge the exchange. The appeals were dismissed.
Headnote
A) Land Law - Exchange of Land - Void vs Voidable - Sections 161, 166, 167 of U.P. Zamindari Abolition and Land Reforms Act, 1950 - The court examined whether an exchange deed executed without permission of the Assistant Collector under Section 161 is void or voidable. Held that prior to amendment on 3rd June 1981, such transfers were voidable at the instance of Gaon Sabha or land holder under Section 167, and not void ab initio. The appellants, being original tenure holders who had already sold the land, had no locus to challenge the exchange. (Paras 13-18)
B) Land Law - Limitation for Ejectment - Section 167 and Rule 338 of U.P. Zamindari Abolition & Land Reforms Rules, 1952 - Suit for ejectment under Section 167 must be filed within six years from the date of illegal transfer. Since no such suit was filed within limitation, the exchange deed remained valid and binding. (Paras 14, 18)
C) Land Law - Locus Standi - Original tenure holder who sold land cannot challenge subsequent exchange - The appellants had sold plot no. 2902 via registered sale deed dated 24th January 1973 and thus lost all rights. They could not object to the exchange deed dated 2nd March 1974 between the purchaser and another party. (Paras 17-18)
Issue of Consideration
What are the legal consequences of a registered exchange deed executed without following the procedure prescribed under Section 161 of the U.P. Zamindari Abolition and Land Reforms Act, 1950?
Final Decision
The Supreme Court dismissed the appeals, upholding the High Court's judgment. It held that the exchange deed dated 2nd March 1974, though executed without permission under Section 161, was voidable under Section 167 and not void ab initio. Since no suit for ejectment was filed within six years under Rule 338, the exchange remained valid. The appellants, having sold the land in 1973, had no locus standi to challenge the exchange.
Law Points
- Exchange of land without permission of Assistant Collector under Section 161 of U.P. Zamindari Abolition and Land Reforms Act
- 1950 is void
- but voidable only at the instance of Gaon Sabha or land holder under Section 167
- not by third parties
- transfers prior to 3rd June 1981 are not void but voidable
- limitation period for ejectment suit is six years from date of illegal transfer.
Case Details
Civil Appeal No(s). 8179 of 2016 with Civil Appeal No(s). 8181 of 2016
Sita Ram (Dead) Through LRs.
Bharat Singh (Dead) Through LRs & Ors.
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Nature of Litigation
Civil appeals arising from a judgment of the High Court of Allahabad in a land dispute under the U.P. Zamindari Abolition and Land Reforms Act, 1950 and U.P. Consolidation of Holdings Act, 1953.
Remedy Sought
The appellants (legal heirs of Sita Ram) sought to set aside the High Court's judgment and restore the orders of the consolidation authorities declaring the exchange deed void.
Filing Reason
The appellants challenged the exchange deed dated 2nd March 1974 executed without permission under Section 161 of the Act, 1950, claiming that the exchange was void and they retained rights over plot no. 2902.
Previous Decisions
The Consolidation Officer held the sale deed valid but the exchange void for want of permission. The appellate authority under Section 11 of the Act, 1953 dismissed the appeal on 18th January 1982. The revisional authority under Section 48 dismissed revisions on 19th July 1984. The High Court in writ petition under Article 227 set aside these orders on 5th July 2007.
Issues
Whether the exchange deed dated 2nd March 1974 executed without permission under Section 161 of the U.P. Zamindari Abolition and Land Reforms Act, 1950 is void or voidable?
Whether the appellants, who had sold the land in 1973, have locus standi to challenge the exchange deed?
What is the effect of limitation under Rule 338 of the U.P. Zamindari Abolition & Land Reforms Rules, 1952 on the validity of the exchange?
Submissions/Arguments
Appellants argued that the exchange deed was void for want of permission under Section 161, and the High Court exceeded its jurisdiction under Article 227 by interfering with concurrent findings.
Respondents argued that the exchange was voidable only at the instance of Gaon Sabha or land holder under Section 167, and no suit was filed within limitation; appellants had no right after selling the land.
Ratio Decidendi
Under the U.P. Zamindari Abolition and Land Reforms Act, 1950, prior to the amendment of 3rd June 1981, a transfer made in contravention of the Act is voidable at the instance of the Gaon Sabha or land holder under Section 167, and not void ab initio. Such a transfer can only be challenged by the Gaon Sabha or land holder within the limitation period of six years under Rule 338. A third party, especially one who has already transferred their interest, has no locus standi to challenge the transfer.
Judgment Excerpts
The moot question which has been raised for consideration is as to what will be the legal consequences if the registered exchange deed dated 2nd March, 1974 has been executed without following the procedure prescribed as provided under Section 161 of the Act, 1950.
Any transfer, made by or on behalf of a sirdar or asami in contravention of the provisions of this chapter shall be void.
Where a sirdar or asami has made any transfer in contravention of the provisions of this Act, the transferee and every person who may have thus obtained possession of the whole or part of the holding shall be liable to ejectment on the suit of the [Gaon Sabha or the land holder, as the case may be,]
Procedural History
The dispute originated in consolidation proceedings under the U.P. Consolidation of Holdings Act, 1953. Late Kesho Ram filed an application under Section 9A(2) for mutation based on the exchange deed. Smt. Chando and Sita Ram objected. The Consolidation Officer held the sale deed valid but the exchange void. Appeals under Section 11 were dismissed on 18th January 1982. Revisions under Section 48 were dismissed on 19th July 1984. Late Kesho Ram filed a writ petition under Article 227, which was allowed by the High Court on 5th July 2007. The present appeals were filed against that judgment.
Acts & Sections
- Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950: 161, 166, 167
- Uttar Pradesh Consolidation of Holdings Act, 1953: 9A, 11, 48
- Uttar Pradesh Zamindari Abolition & Land Reforms Rules, 1952: 338
