Holding

If the Theka was made for personal cultivation of the Thekedar, he is deemed a hereditary tenant under section 12(1); otherwise he is an asami under section 13(2)(a), and the arbitrator’s award was correct.

Summary

The ex‑Zamindars of a village claimed that lands given on Theka to the respondents in 1948 became their exclusive Sir and Khudkasht and should be recorded as Bhoomidars after the Zamindari vested under the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950. The respondents contended that they had become Sirdars (tenants) of the plots. The dispute was referred to an arbitrator under the Uttar Pradesh Consolidation of Holdings Act, who held the respondents to be Sirdars. The civil judge set aside the award, but the High Court restored it. On appeal, the Supreme Court examined sections 12(1) and 13(2)(a) of the 1950 Act, holding that where the land was in personal cultivation of the Thekedar on 1 May 1950 and the Theka was intended for personal cultivation, the Thekedar is deemed a hereditary tenant; otherwise he is merely an asami. The arbitrator’s interpretation was found correct, so the respondents remain Sirdars and the appeal was dismissed.

Issues considered

Whether the respondents, as ex‑Thekedars, are entitled to be deemed hereditary tenants under section 12(1) of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, or merely asami under section 13(2)(a).
Whether the award of the arbitrator can be set aside on the ground of error of law.

Legislation cited

Uttar Pradesh Consolidation of Holdings Acts. 12
Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950s. 11, s. 12(1), s. 13(1), s. 13(2)(a)

Subjects

Zamindari abolitionThekahereditary tenantasamiland reformUttar PradeshBhoomidarSirdarsection 12section 13

Judgment

:r
I

977

BABU NOORUL HASAN KHAN A
v.
RAM PRASAD SINGH & ORS.
October 18, 1979
[N. L. UNTWALIA AND A. D. KOSHAL, JJ.J
Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 Secs. 11.
12, 13(1) & 13(2)-Scope of.
The appellants and others were the Zan1indars of a village in which certain
1ands were given on Theka to the Respondent and others on 6th March, 1948,
the Zarnindari having vested on 30th June. 19.52. Disputes arose between tlie
appellants and the respondents <luring the penden.cy of proceedings under the ('!'.
U.P. Consolidation of Holdings Act. The appellants and others claimed the
plots in dispute being in their exclusive Sir and Khudkast would be deemed to
have been settled with them by the State on the Abolition of Zan1indari and
their nan1e should be recorded as Bhoomida.rs thereof. Respondent and others
on the other hand claimed they had become the Sirdars of the plots in dispute
and resisted the claims of the Zan1indurs. The dispute gave rise to the question
of title. The Civil Judge sent the matter for decision to nn Arbitrator <tppointed D
under the AC\, The Arbitrator held the respondents to be the Sirdars of the
plots in quest!~"· The appellants filed objections against the a\vard before the
Civil Judge \Vito allowed the objections, set aside the award and ren1itted back
the award for reconsideration. Appcnls were taken to the Additional District
Judge who disagreed with the Civil Judge but affirmed the order of remand.
Both sides filed separate revisions before the High Court, the revision of Res~
pondents \Vas allowed and dismissed those of the appellants. The only point E
argued was whether Respondent and others have been rightly held to be the
Sirdars of the plots in question or whether the ex-landlords haq become the
Bhoomidars.
Dismissing the appeal,
HELD : That a Thekcdar of an Estate ceases to have any right to hold or
possess any lan::l in such Estate with effect from_ the date of its vesting. Thi~ F
is what has been provided in sub-section (1) of section 13. But it is subject
to the exceptions-viz .. one, the provisions contained in section 12 and the
other engrafted in sub~ection (2) of section 13. There is no dispute between
the parties that the land in possession of the Thekedars on the date of vesting
• WU either covered by section 12(1) or section 13(2)(a). The land admittedly

{ wae: the Sir or Khu<lkasht. of the lessor namely the Zamindars. If such a laild
was in the personal cultiYation of a person on the 1st May, 1950 as a Thekedar G
thereof and if the Theka was made with a vieW to the cultivation of the ianG
by such Tbekcdars personally then because of the non-obstante clause occurring
in sub-section (I) of section 12 of the Act the Thekedar would be deemed to
be a hereditary tenant of the land entitled to hold as such and liable to pay
rent at hereditary rates. If, ho,wever, fhe land was in personal cultivation of
the Thekedar merely as a Thek~dar appointed to collect rent from other tenants
and incidentally allowed to cultivate the~ Sir or Khudkasht land of the lessor H
then he will be a mere asami in accordance with section 13(2)(a) oflhe Act.
The Arbitrator on a consideration of the theka document found that the theka
8-743SCl/79
978 SUPREME COURT.REPORTS !1980] l S.C.R.

was made ·with a view to cultivation of the land by the Thekedar personally.
The interJ)rctation of the Arbitrator was not such that it could enable the Civil
ludgc to take the view that' there \Vas an error of law apparent on the, face
nf the record. On the other hand it appears to us that the interpretation put
by the Arbitrator was correct. There is a subtle but clear dividing line between
the two types of cases one falling under section 12 ( l ) of the Act and the other
con1ing withjn the ambit of section 13 (_2) (a). The High Court wa5 right in
•
8 its vie'.'·' that the A\vard of the Arbitrator \Vas not fit to be interfered with.
[980 G-H. 981 A-Dl "'
CIVIL APPELLATE JURISDlCTION : Civil Appeal No. 1951 of
1969. '..---.
Appeal by Special Leave from the Judgment and Order dated
C 7-1-69 of the Allahabad High Court in Civil Revision No. 506-510
and 548-552/65.
I. P. Goyal and S. K. Jain for the Appellant.
R. K. Garg, V. I. Francis and D. K. Garg for Respondent No. 1.
The Judgment of the Court was delivered by T.
D
UNTWALIA, J.-This is an appeal by special leave from the judg-
ment of the Allahabad High Court disposing of ten connected civil
revisions. Noornl Hasan Khan and others were the Zamindars of
the village in which certain lands were given in Theka to Bhagwati
Singh, Ram Prasad Singh and others on the 6th of March, 1948.
The Zamindari vested under the Uttar Pradesh Zamindari Abolition
and Land Reforms Act, 1950, hereinafter called the Act, on ~ 30th
of June, 1952. Disputes arose between the ex-Zamindars and the
ex-Thekadars during the pendency of the proceedings under the U.P.
Consolidation of Holdings Act. When entries in the list of tenancy
holders were published under section 11 of the Consolidation of the
F Holdings Act relating to the lands in dispnte consisting, of several
plots, objections were , filed by both the parties. Noorual Hasan
Khan and others claimed that the plots in dispute being their exclusive
Sir and Khudkasht would be deemed to have been settled with fhem
by the State on the abolition of the Zamindari and their names should
be recorded as bhumidars thereof. On the other hand Bhagwati Singh
G
and. others claimed that they had become the Sirdars of the plots in
dispute _and they resisted the claim of the ex-Zamindars. The Con-
solidation Officer referred the matter to the Civil Judge. of Azam- ,.
garh in accordance with section 12 of the Consolidation of Holdings
Act. ·The Civil Judge sent the matter for decision to an Arbitrator
appointed under the Act as the dispute gave rise to the question of
title. Shri Kailash Chandra, an Assistant Collector, was appointed
as an Arbitrator. On consideration of the oral and documentary
~OORUI. HA~AN '· RAM PARSAD (Untwalia, J.) . 979
,I evidence adduced before him. he rejected the clain;_ of ex-ZamimJars A
and decided the matter· in favour of the ex-Thekcdars. Bhagwati
Singh and others were held to be the Sirdars of the plots in question.
• . Noorul Hasan and others filed objections to the Award before the
Civil Judge. He allowed the objections on the ground that the illega-
lity of the Award was apparent ,on the face of it in as much as the
Arbitrator did not apply the correct law in determining the rights of B
. the parties. He set aside the Award and remitted it back to the
·, , arbitrator for reconsideration in the light of his judgment.

Appeals.were. taken to the learned Additional District Judge who
by cfrder dated 8"-12.-1962 disagreed with the learned Civil Judge c
on the main question but_ affirmed his order of remand on the ground
that in the Award many-.questions were left undetermined.· Both
sides filed separate revisions befor:c the High Court. The High Court
has allowed the revisions of the ex-Thekedars and dismissed those
of the ex-Zamindars. Hence this appeal.
D
The only point which was argued and agitated before us is whether
Bhagwati Singh and others have been rightly held to be the Sirdars
of the plots in question or whether the ex-landlords had become. the
bhumidars. The. determination of this question depends upon a
correct appreciation of the provisions of law contained in sections 12 E
and 13 of the Act. We shall read the relevant portions of the two
sections. They ~re as fol!ows =·"-·

"12. Thekedars to be hereditary tenants in. certain cir-
cumstances.-(!) Where any land was in the personal culti-
vation of a person on the 1st day of May, 1950, as a F
thekedar thereof and the theka was made with a view to the
cultivation of the land by snch thekedar personally, then
notwithstanding anything in any law, document or order of
·court, he shall 'be deemed to be a hereditary tenant thereof
entitled to hold, and when he has been ejected from the land
after the said date, to regain possession ·as a hereditary G
tenant thereof liable to pay rent at herediiary raies.

13. Estate in possession of a thekedar.-(1) Subject to
the provisions of Section l2 and sub-section (2>° of this
section a thekedar of an estate or share therein shall, with IJ
effect from the date of vesting, cease to have· any-right to
or possess as such any land in such estate.
980. SUPREME COURT REPORTS [!980] 1 S.C.R.

(2) Where any such land was in the personal cultiva- J-
tion of the thekedar on the date immediately preceding the
date of vesting, the same shall-
(a) if it was sir cir khudkasht of the lessor on the date of •
the grant of the theka-;- be deemed for purposes of
B Section 18. to be the sir or khudkasht of the lessor •
on the date immediately preceding the date of vesting
and the thekedar shall, wifh effect from the date of
· vesting, become the asami thereof liable to· pay rent
at hereditary rates. applicable on the date imme-.
.. c diately preceding the date of vesting and entitled
to hold the land. as such for the unexpired period of
..
the theka or for a period of five years from the date
of vesting whichever is less; _/,
- ,J

' (b) if it was not sir or khudkasht of the lessor on the
date of the grant of the thcka and-
D
(i} its area does not exceed thirty acres, be deem-
ed for purposes of Section 19 to have been held
by the thekedar as a hereditary tenant liable
to pay rent which shall be equal to the rent
calculated at hereditary rates applicable on the·
E date immediately preceding the date of vesting,
(ii) its area exceeds thirty acres, be deemed to the
extent of thirty acres for purposes of Section 19
to have been held as a hereditary tenant as afore-
said and the remainder shall be deemed to be
F vacant land and the thekedar shall be liable to
ejectment therefrom in accordance with the
provisions of Section 209.''
It would be noticed from the provisions aforesaid that a Thekedar
of an Estate ceases to have any right to hold or possess as such any
land in such Estate with effect from the date of its vesting. This is
G
what has been provided in sub-section (1) of section 13, But it is
subject to two exceptions-viz., one the provision contained in section
12 and the other engrafted in sub-section (2) of section 13. There
is no dispute between the parties that the 'land in possession of the
Thekedars on the date of vesting was either covered by section 12 (I) ,
H or section 13(2}(a}. We are not concerned in this case with section
13(2)(b) as the land admittedly was the Sir or Khudkasht of the
lessor namely the Zamindars. If such a land was in the personal
NOORUL HASAN v. RAM PARSAD (Untwalia, J.) 981

cultivation of a person on the 1st day of May, 1950 as a Thekedar A
thereof and if the Theka was made with .a view to the cultivation of
the land by such T/u.kedar personally then, because of the' 11on-obsta11te.
clause occurring in sub-section (1) of section 12 o[ the Act the
• Thekedar would be deemed to be a hereditary tenant o! t'he lantd
entitled to hold as such and liable to pay P~lll at hereditary rates. · If,
however, the land was in personal cultivation of the 'rhekedar merely B
as a Thekedar appointed to• collect rent from other tenants and inci-
dentally allowed to cultivate the Sir or Khudkasht land of the lessor
then he will he a mere asami in accordance with section 13(2) (a)
of the Ac:. The Arbitrator on a consideration of the Theka docu-
ment found that the theka was made with a view to cultivation of
the land by the Thekedar personally. The interpretation of the Arbi-
c
trator was not such that it could enable the Civil Jndge to take the
view that there was an error of law apparent on the face of the record.
On the other hand it appears to us what the interpretation put by the
Arbitrator was corn::ct. There 'is a subtle but clear dividing line bet-
ween the two types of cases one falling under sed:ion 12(1) of the D
Act and th.;, other coming within the ambit of section 13 (2) (a). In
our opinion the High Court was right in its view that the Award of
the Arbitrator was not fit to be interfered with.
Fur the reasons stated above, we dismiss this appca1 but in the
circu111stal1ccs make no order as to cost-s.
E

N.K.A. Appeal dismissed.

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