# AMBAPRASAD v. ABDUL NOOR KHAN AND ORS

- **Citation:** [1964] 7 S.C.R. 800
- **Court:** Supreme Court of India
- **Decided:** 1964-04-17
- **Bench:** M. Hidayatullah, N. Rajagopala Ayyangar
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/ambaprasad-v-abdul-noor-khan-and-ors-3121
- **Pages:** 10

## Headnote

U. P. Zamindari Abolition and Land Reforms Act, 1950,
s. 20-Explanation II to s. 20-Suit for possession by occupant
on the basis of entry in Khasra for 1356F-Entry not corrected
before date of vesting-Its effect-Whether correctness of entry
be questioned subsequently-Whether plaintiff required to
prove actual possession.
On October 10, 1953, the respondents filed suits under s. 232
read with s. 20 of the U. P. Zamindari Abolition, and Land Reforms Act, 1950 against the appellant before the Sub-Divisional
Officer. Before the coming into operation of the Abolition Act
the appellant (Amba Prasad) was Zamindar of the· disputed
land. The names of the respondents were recorded in column
23 (miscellaneous) in the Khasra for the year 1356 Fasli as
persons in possession of the disputed land. The respondents
claimed ad!hivasi rights under s. 20 of the Abolition Act because
they were recorded as occupants of the fields in dispute in
the Khasra for 1356 Fasli. The common case of the respondents
was: (i) that they were in possession of the suit land (ii) that
they were dispossessed after June 30, 1948 by the appellant,
(iii) that as they were recorded occupants in 1356F they were
not required to prove actual possession. The case of the appellant was that the entry was fraudulently made after July 1,
1949. Th1'5e suits were dismissed by the Sub-Divisional Officer.
On appeal, the Additional Commissioner held ·.that the respondents had acquired the adhivasi rights.
Against this order
Amba Prasad (the appellant) appea·led to the Board of Revenue.
The Board of Revenue dismissed the appeals. The appellant
then filed appeals in this Court.
Held: (i) Under s. 20 of the Abolition Act (U. P. Zamindari
Abolition and Land Reforms Act) a person continues as an
adhivasi after July 1, 1952. provided he is in possession or was
evicted after June 30, HMS. If he was evicted after June 30,
1948 he is entitled to regain possession in spite of any order
or decree to the contrary.
'
(ii) The words "recorded as occupants" in s. 20 of the Abolition Act mean persons recorded as occupants in the Khasra
or Khatauni for 1356 Fasli (1-7-48 to 30-6-49). Such persons do
not include an intermediary. The word "occupant" must mean
a person holding the land in possession or actual enjoyment.
Mediate possession (except where che immediate
possessor
holds on behalf of the mediate possessor) is of no consequence.
(iii) The appellant was not entitled to raise the plea of the
correctness of the entry in Khasra because the entry was not
corrected before the date of vesting (1-7-52) as required by
Explanation (ii) to s. 20 of the Abolition· Act.
(iv) The title to possession as adhivasi depends on the
entries in the Khasra or Khatauni for the year 1356 Fasli. Section 20 of the Abolition Act does not require the proof of actual
possession. Therefore, s. 20 eliminates inquiries into disputed
possession by accepting the record in the Khasra or Khatauni
of 1356F. or its correction before July 1, 1952.
i.l
'7 S.C.R.
SUPREME COURT REPORTS
801
1961
The Upper Ganges Sugar Mills Ltd. v. Khalil-u!-Rehman,
{1961] 1 S.C.R. 564, referred to.
Amba
Pmaad
T.
Lala Nanak Chand v. Board of Revenue, U. P., 1955 A.L.J. Abdul Noor Klia11
408, Ram Dular Singh v. Babu Sukh Ram, 1963 A.L.J. 667,
and Otli<r•
Bhal Singh v. Bhop and Anr., 1963 A.L.J. 288 and Sugriva v.
Mu~hi etc., 1963 A.L.J. 17 (Rev.), approved.
CIVIL APPELLATE Jua1sDICTION: Civil
Appeals
Nos.
680 to 682 of 1963. Appeals by special leave from the judgment and decree dated February ~. 1960 of the Board of
Revenue, U. P. in petitions Nos. 203 to 205 of 1958-59.
J. P. Goyal, for the appellant (in all the appeals).
Brijbans Kishore and Ramesh B. Saxena, for respondents Nos. 1 to 3 (in all the appeals).
April 17, 1964. The judgment of the Court was delivered
by
HmAYATULLAH, J.-This judgment shall also govern the HidayaJul/.ak,
J
disposal of C. A. 681 of 1963. These are appeals by special
leave of this Court against a common order of the Board of

## Text

1964
Ap·i/ 17
800
SUPREME COURT REPORTS
[196~]
AMBAPRASAD
v.
ABDUL NOOR KHAN AND ORS.
(M. HIDAYATULLAH AND N. RAJAGOPALA AYYANGAR, JJ.)
U. P. Zamindari Abolition and Land Reforms Act, 1950,
s. 20-Explanation II to s. 20-Suit for possession by occupant
on the basis of entry in Khasra for 1356F-Entry not corrected
before date of vesting-Its effect-Whether correctness of entry
be questioned subsequently-Whether plaintiff required to
prove actual possession.
On October 10, 1953, the respondents filed suits under s. 232
read with s. 20 of the U. P. Zamindari Abolition, and Land Reforms Act, 1950 against the appellant before the Sub-Divisional
Officer. Before the coming into operation of the Abolition Act
the appellant (Amba Prasad) was Zamindar of the· disputed
land. The names of the respondents were recorded in column
23 (miscellaneous) in the Khasra for the year 1356 Fasli as
persons in possession of the disputed land. The respondents
claimed ad!hivasi rights under s. 20 of the Abolition Act because
they were recorded as occupants of the fields in dispute in
the Khasra for 1356 Fasli. The common case of the respondents
was: (i) that they were in possession of the suit land (ii) that
they were dispossessed after June 30, 1948 by the appellant,
(iii) that as they were recorded occupants in 1356F they were
not required to prove actual possession. The case of the appellant was that the entry was fraudulently made after July 1,
1949. Th1'5e suits were dismissed by the Sub-Divisional Officer.
On appeal, the Additional Commissioner held ·.that the respondents had acquired the adhivasi rights.
Against this order
Amba Prasad (the appellant) appea·led to the Board of Revenue.
The Board of Revenue dismissed the appeals. The appellant
then filed appeals in this Court.
Held: (i) Under s. 20 of the Abolition Act (U. P. Zamindari
Abolition and Land Reforms Act) a person continues as an
adhivasi after July 1, 1952. provided he is in possession or was
evicted after June 30, HMS. If he was evicted after June 30,
1948 he is entitled to regain possession in spite of any order
or decree to the contrary.
'
(ii) The words "recorded as occupants" in s. 20 of the Abolition Act mean persons recorded as occupants in the Khasra
or Khatauni for 1356 Fasli (1-7-48 to 30-6-49). Such persons do
not include an intermediary. The word "occupant" must mean
a person holding the land in possession or actual enjoyment.
Mediate possession (except where che immediate
possessor
holds on behalf of the mediate possessor) is of no consequence.
(iii) The appellant was not entitled to raise the plea of the
correctness of the entry in Khasra because the entry was not
corrected before the date of vesting (1-7-52) as required by
Explanation (ii) to s. 20 of the Abolition· Act.
(iv) The title to possession as adhivasi depends on the
entries in the Khasra or Khatauni for the year 1356 Fasli. Section 20 of the Abolition Act does not require the proof of actual
possession. Therefore, s. 20 eliminates inquiries into disputed
possession by accepting the record in the Khasra or Khatauni
of 1356F. or its correction before July 1, 1952.
i.l
'7 S.C.R.
SUPREME COURT REPORTS
801
1961
The Upper Ganges Sugar Mills Ltd. v. Khalil-u!-Rehman,
{1961] 1 S.C.R. 564, referred to.
Amba
Pmaad
T.
Lala Nanak Chand v. Board of Revenue, U. P., 1955 A.L.J. Abdul Noor Klia11
408, Ram Dular Singh v. Babu Sukh Ram, 1963 A.L.J. 667,
and Otli<r•
Bhal Singh v. Bhop and Anr., 1963 A.L.J. 288 and Sugriva v.
Mu~hi etc., 1963 A.L.J. 17 (Rev.), approved.
CIVIL APPELLATE Jua1sDICTION: Civil
Appeals
Nos.
680 to 682 of 1963. Appeals by special leave from the judgment and decree dated February ~. 1960 of the Board of
Revenue, U. P. in petitions Nos. 203 to 205 of 1958-59.
J. P. Goyal, for the appellant (in all the appeals).
Brijbans Kishore and Ramesh B. Saxena, for respondents Nos. 1 to 3 (in all the appeals).
April 17, 1964. The judgment of the Court was delivered
by
HmAYATULLAH, J.-This judgment shall also govern the HidayaJul/.ak,
J
disposal of C. A. 681 of 1963. These are appeals by special
leave of this Court against a common order of the Board of
Revenue, U.P. dated February 3, 1960 disposing of three
.appeals. Civil Appeal No. 682 of 1963 (since compromised)
was also against the same decision. The appellant in each of
these appeals is one Amba Prasad who was the Zamiridar of
village Rhonda, Pargana and Tehsil Khurja, District Buland11hahr, before the coming into operation of the U. P. Zamindari Abolition and Land Reforms Act, 1950. The opposite
parties (who will be referred to as the answering respondents
in ·this judgment) are persons whose names were recorded
in column 23 (miscellaneous) in the Khasra for the year 1356
F asli, as persons in possession and who claim, by reason of
the entry, to be the recorded occupants of the fields in dispute, and to have bbtained adhivasi rights in the fields under
s. 20 of the Abolition Act. Though the point in dispute
appears to lie within a very narrow compass the history of
litigation in respect of these plots is as tedious as it is long.
It must unfortunately be told to get a true measure of the
arguments in the appeals.
Amba Prasad brought two suits under s. 180 of the U.P.
Tenancy Act, 1939 for ejectment from the fields now in dispute and for damages, against Mohammad Ali and Mst.
Sharifan respectively because their names were recorded in
the Khasra as tenants 'bi/a tasfia la~an'. These suits were
dismissed by the trial Judge and Amba Prasad's appeal to
;the Commissioner failed on November 30, 1943. Amba Prasad then appealed to the Board of Revenue, U.P. and suc-
-ceeded .. The order of the Board of Revenue, U. P. is dated
March 19, 1949 (item No. 25). Mohammad Ali had died by
l,/P(D)!SCJ-26
..
1964
.Amba
p....,,,;
v •
.Abd..Z Noor Klwn
a"'1 Others
Bidayalullah,
J.
802
SUPREME COURT REPORTS
l
then and was represented by one Faiyazali and six ot •• ~rs.
Mst. Sarifan had also died and was represen:ed by one Abdul
Sattar alias Chunna Khan and two others. As a result of the
decision of the Board of Revenue possession of the fields
was delivered to Amba Prasad on July I. 1949--the day of
the commencement of the year 1357 Fasli. The dakha/namas
are items Nos. 44 and 45 in this record and they mention
fields Nos. 427 / 2, 428 /2, 429, 430 and 380 (item No. 441 and
fields Nos. 416, 418/1 and 418/2 <item No. 45) of village
Rhonda, Pargana and Tehsil Khurja, District Bulandshahr.
Immediately after obtaining possession of the fields Amba
Prasad was required to commence proceedings under s. 145,
Criminal Procedure Code before the Sub-Divisional Magistrate, Anupshahr against Faiyazali and Abdul Sattar and
others and on January 13. 1951 these proceedings terminated
in favour of Amba Prasad (item No. 28). The Sessions Judge
Bulandshahr made a reference to the High Court of Allahabad recommending that the order be vacated but the High
Court declined to interfere. The order of the High Court is
dated October 20, 1951 (item No. 29). Meanwhile, Amba
Prasad started a prosecution under s. 218. Indian Penal Code
against the Lekhpa/ alleging that he had made false entries
in the Revenue papers but the Magistrate, 1st Class. Bulandshahr discharged _him by his order dated Jnly 24, 1950 (item
No. 26). An application for revision of the order filed by
Amba Prasad was dismissed by the Sessions Judge, Bulandshahr on October 10, 1950 (item No. 27).
During the pendency of the proceedings under s. 145,
Criminal Procedure Code these fields remained under attachment from August 23, 1949 (1358 F.J to November 6, 1951
(1359 F.). Two suits were then commenced in the court of
the Munsif, Khurja for declaration that crops of the fields
under attachment belonged to the plaintiffs. One suit (97 of
1951) was filed by Abdul Noor Khan and others (answering
respondents) and the other (67 of 1952) was filed by Sarfraz
Ali Beg and 8 others (respondents in C. A. 682 of 1963since compromised). These suits were directed against Amba
Prasad and the plaintiffs claimed to be in possession of the
fields by virtue of entries to this effect. in the remarks column
of the Khasras of the relevant years. These sμits failed on
August 9, 1952 and Aulll!st 8, 1953 respectively (vide items.
Nos. 30 and 32). It appears that proceedings under s. 107,.
Criminal Procedure Code were also started against A. Noorkhan and others before Magistrate, I st Class, Bulandshahr
and they were bound over to keep the peace. There is on
the file of this case an order of the Sessions Judge, Bulandshahr dismissing their application in revision on February
24, 1953 (item No. 31),
-
78.C.R.
SUPREME COURT REPORTS
803
Meanwhile, the answering respondents and Sarfraz Ali
l964
and others commenced on November 6, 1951
thr.ee suits
Amba
Praaad
under s. 61 read with s. 183 of the U. l'. Tenancv Act, 1939
v.
ha
for declaration of Sirdar rights and to claim hereditary rights Abd:!z Ng:r.,1f, "
under s. 180/2 ibid. These suits were decreed against Amba
-
Prasad by the Judicial Officer, Anupshahr on July 14, 1953. Hidayatullah,
J.
He held that the Dak/ialdehi of July 1, 1949 did not affect
.the plaintiffs and since they were shown to be in possession
they were entitled to succeed (item No. 33). Amba Prasad
filed an appeal and the Commissioner, Meerut Division reversed the decision by his order dated April 1, 1954 (item
No. 35).
The Board of Revenue, U. P. also dismissed the
appeal of the plaintiffs on September 17, 1955 (item No. 38).
On October JO, 1953 two suit> were filed by the answering respondents in these two appeals and a third by the respondents in C. A. No. 682 of 1963 which has been compromised. These suits were under s. 232,120 of the U. P. Zamindari Abolition and Land Reforms Act. It is with these suits
that we are concerned in the appeal~. Two suits also under
s. 232/20 of the Abolition Act were filed by Ayub Ali Khan
and Abdul Sattar Khan and others against Amba Prasad.
The answering respondents and Sarfraz Ali and others were
joined as defendants in those suits. The plaints in these two
suits are dated December 28, i954 and December 20, 1954
(items Nos. 36 and 38). They were dismissed by the SubDivisional Magistrate, Khurja on l'lfay I 6, 1955. The Additional Commissioner, Meerut, dismissed the appeals on January 30, 1950 in default of appearance (item No. 39).
On September 4, 1958 the Sub-Divisional Officer, Khurja
dismissed the three suits filed. by the answering respondents
and the respondents in the companion appeal. In these suits
the answering respondents relied on extracts from the Klwsras
of 1355F, !356F, 1357F, 1358F and 1359F as showing their
possession. These lands, however, were under attachment
from August 23, 1949 (l 358Fl to November 6, 1959 (1359F)
and could not be in the possession of the answering respondents in the years 1358F and 1359F. This fact was noticed
by the Commissioner, Meerut Division, in his order dated
April I, 1954 and he cast doubts on the entries in 1355F
and 1356F. The Sub-Divisional Ollicer took up the same line
of reasoning and pointed out that in years subsequent to
1355F the entry would have found place in column 6 of the
Klwsra and .not the remarks column. He accordingly held
that the entncs of 1355 F and 1356 F were unreliable and
the answering respondents had not acquired adhivasi rights.
On Appeal, the Additional Commissioner, Meerut, reversed
the decision ~m April 19, 1959 and decreed the suits. Before
the Comnrns1011cr the answering respondents claimed that a~
L/P( I)} ISCl--:!l'{n)
1964
.dmba
Pr<U<Ul
v .
.dbdtil Noor Khan
and Others
Hidayalilllah, J.
804
SUPREl\IE COURT REPORTS
(1964 J
they were recorded occupants in !356F they were not required to prove actual possession. This proposition, it appears •
was conceded by the counsel for Amba Prasad.
He only
argued that the entries were not in accordance with paragraph
87 of the Land Records Manual and they were considered
spurious in earlier litigation. He aho claimed that the answering respondents were barred by the principle of res judicata
because though they were parties to the suits of Ayub Ali
Khan and Abdul Sattar they did not claim adhivasi rights in
those suits.
The learned Commissioner pointed out that the entries
were no doubt suspected to be spurious by the Commissioner
on April I, 1954, but this was after July I. : 952 which was
the date of vesting and the case therefore was outside Explanations II and III of s. 20(b) of the Abolition Act. The
learned Commissioner, therefore, was of the opinion that the
entries could not be discarded as thev must have been completed under the rules before April 3o, 1949, that is to say,
even before the Dakhaldehi. He held that the answering respondents (appellants before him)
had acquired
adhivasi
rights.
Amba Prasad appealed to the Board of Revenue. The
Board dismissed his appeal on February 8, 1960 by the order
now impugned. This time the learned counsel for Amba
Prasad conceded that the entry was made but contended that
it was fraudulently made after July 1, 1949 and referred to
the prosecution of the Lekhpal. The Board of Revenue pointed out that there was no order for the correction of the entry
before the date of vesting and the Lekhpal was acquitted of
the charge under s. 218, Indian Penal Code. Since the entries
were not corrected as required by Explanation II to s. 20
the conditions of s. 20(b) of the Abolition Act were held to
be satisfied and the appeal was dismissed.
Mr. Goyal on behalf of Amba Prasad contends that
these suits were barred by res judicata. He submits that in
the previous suits filed by Ayub Ali Khan and Abdul Sattar
and others, the answering respondents were made defendants
. and could have raised the plea that they had acquired adhivasi rights and as they did not raise such a plea they cannot
now raise it. We do not accept this contention. The answering respondents had filed these suits even before Ayub Ali
Khan and Abdul Sattar had filed their suits. Further, the
suit~ filed by Ayub Ali Khan and Abdul Sattar did not decide
anything because they were dismissed owing to a technical
flaw in the plaint. Even the appeal was dismissed in default
of appearance. Lastly, the answering respondents and Amba
Prasad were co-defendants and no issue between them was
tried or decided even if one was neces.~ary to be tried.
7 S.C.R.
SUPREME COURT REPORTS
805
Mr. Goyal next contends that the answering respondents
1964
must show that they were in possession and that under ExAmba
Prasad
planation I to s. 20 they were evicted after June 30, 1948. Abd 1 Nv.
Kha
He submits that these conditions are not fulfilled by them.
::..i 3~{.,, "
Mr. Goyal also wishes to withdraw the concession made on
behalf of Amba Prasad before the Tribunals below that the
Hidayatullah, J.
answering respondents need not prove their possession. He
says that the concession was made because there were rulings
of the Allahabad High Court which bound the Revenue Tribunals. He submits that these rulings should be considered
and urge that possession in 1356 F asli must be proved. He
further submits that even entries in the Khasra and Khatauni
to be tJf value must be made in accordance with ss. 28 and 33
of the U. P. Land Revenue Act and he relies on paragraph
87 of the Land Record Manual to contend that the entries
in favour of the answering respondents were irregular. These
contentions though they appear to be many are really two.
The first questions the entry and the other the right of the
answering respondents even if the rectJrd be correct to claim
adhivasi rights under s. 20 of the Abolition Act. We shall
consider them separately.
The first question is whether these entries were regularly
made. It is pointed out that they were doubted by the
Revenue Tribunals in some other proceedings and that the
Lekhpa/ was also prosecuted under s. 218, Indian Penal Code.
That, however, does not prove in these proceedings that the
entries are spurious. The Lekhpal was discharged and the
Additional Commissioner has held here:
"By making the entry in the remarks column it is also
not possible to attribute any dishonest . or collusive entry. It appears that Shri Amba P'rasad had
filed a criminal case against the patwari but this
was after the entries in the remarks ctilumn in
favour of appellants had been made. The entry
in 1356 fasli cannot be discarded on the remarks
in the judgments referred by the learned counsel
for the respondent. It appears that Sri Mohammad
Ali and Srimati
Sharifan were the proprietors
and they mortgaged their share with present respondents and Sri Amba Prasad purchased the
equity of redemption and got the share partitioned. There was litigation between Sri Amba Prasad and Sri Mohammad Ali and Srimati Sharifan
upto High Court. Sri Amba Prasad and others
filed suits against Srimati Sharifan and Sri
Mohammad Ali under section 180 and it was
decreed in the 2nd appeal on 19-3-49. The possession· was delivered on 1-7-1949, in execution
of the decree. The Khasra for 1356 Iasli under
1964
..d mba
Pnuad
v .
.Abdul Noor Kha1'
and Ofhers.
Bidayatullah, J.
806
SUPREME COURT REPORTS
[1964)
the rules may have been deposited some time
before 31st July 1950 but the entries in the
Khasras had to be completed upto 30th April
1949".
Mr. Goyal relies upon paragraph 87 of the Land Records
Manual and argues that the names of persons occupying land
without the consent of persons whose names are recorded in
column 5 of the khasra should have been entered in cqlumn
6 but column 6 is crossed out. It is, however, to be seen
that when a tenant leaves the neighbourhood without leaving
in charge of his holding, a person responsible for the payment of his rent as it falls due and without giving a written
notice to the land holder of such arrangement, the Lekhpal
is required to show the name of the actual cultivator in the
column of remarks preceded by the word 'qabiz' (see Para.
85(c)). That is how the entry stands and there is nothing on
the record of this case on the strength of which it can be
said that the entry in 1356F was not regularly made. If it was
wrong' Amba Prasad ought to have got it corrected but the
doubts cast on the entry cannot be said to have corrected it
as required by Explanation III to s. :.:.0 of the Abolition Act.
There is thus no doubt that the answering respondents
were recorded as 'qabiz' in 1356F. There is also no doubt
that if they were • qabiz' they were dispossessed after June
30, 1948. The possession of Amba Prasad did not begin
earlier than July l, 1949. There is nothing to show that t}le
possession of the answering respondents was disturbed between these two dates, because the attachment came much
later. Mr. Goyal, however, contends that the burden is on
the answering respondents to prove their possession and eviction after June 30, 1948 before they can regain possession as
adhivasis under s. 20. Mr. Brij Bans Kishore, ht>wever, joins
issue and claims that the answering respondents have done
enough when they show that they are recorded as 'occupants'
in the year 1356F. He contends that it is not necessary to
show possession though he does not admit that the lands
were not in his clients' possession. ·
We have pointed out above that the eviction could not
have taken place before. July I, 1949. The Dakhalnamas show
that possession was given to Amba Prasad on July I, 1949.
In so far as the appellant is concerned he was not in possession before that date and the khasra for 1356F shows that
the answering respondents were 'qabiz' (in possession). It is
contended that the suit is for possession and the date of
dispossession has not been given as required by rule 183. No
such objection appears to have been made at any time. In
any event. that date is useful only to calculate limitation and
it is not Amba Prasad's cases that there is any such bar.
/
7 S.C.R.
SUPREME COURT REPORTS
807
The real dispute thus is whether a person who is record191i4
ed as 'qabiz' but not as a tenant or a sub-tenant can get the
Amb" Prasad
advan~ge ?f s._ 20 of t~e Aboliti?n Act and claim rights as Abdul N';,,, Khan
an adhrvast. It 1s convement at this stage to set out the mateand 011""
rial portions of s. 20:
"20. Every person who-
(a) *
•
•
•
•
(b) was recored as occupant-
(i) of any land (other than grove land or land to
which section 16 applies) in the
khasra or
khatauni of 1356F prepared under sections 28
and 33 respectively of the U.P. Land Revenue
Act, 1901, or who was on the date immediately preceding the date of vesting entitled to regain p0ssession thereof under clause (c) of subsection (!) of section 27 of the United Provinces.
Tenancy (Amendment) Act, 1947, or
(ii)
*
•
•
"
be called adhivasi of the land and shall, subject
to the provisions of this Act, be entitled to take
or retain possession thereof.
Explanation I-Where a person referred to in clause
(b) was evicted from the land after,June 30, 1948,
he shall notwithstanding anything in any order
or decree, be deemed to be a person entitled to
regain possession of the land.
Explanation II-Where any. entry in the records re-·
ferred to in clause (b) has been corrected before
the date of vesting under or in accordance with
the provisions bf the U. P. Land Revenue Act,
1901, the entry so corrected shall for the purposes
of the said clause, prevail.
Explanation III-For the purposes of explanation II
an entry shall be deemed to have been corrected
before the date of vesting if an order or decree
of a competent court requiring any correction in
records has been made before the said date and
had become final even though the correction may
not have been incorporated in the records.
Explanation IV-For the purposes of this section
"occupant" as respects any land does not include
a person who was entitled as an intermediary to
the land or any share therein in the year 1356
Fasli."
The scheme of the section may now be noticed. The
section, speaking generally, says that certain persons "recorded" as "cccupants" of lands (other than grove lands or lands
to which section 16 applies) shall be known as adhiva~is and
H idayatullaA, J
808
SUPREME COURT REPORTS
[1964J
1964
shall be entitled to retain or to regain possession of them,
Ambu Pmsad
after the date of vesting which was July 1, 1952. Such persons
•·
do not include an intermediary (Explanation IV). Such perAbd;1.;l07k,,.!han sons must be recorded as occupants in the khasra or khatauni
·
for 1356F 0-7-48 to 30-6-49). If such a person is in possesHidayoi.izoi.,J. sion be continues in possession. If he is evicted after June
30, 1948 he is to be put back in possession notwithstanding
anything in any order or decree. By fiction such persons are
deemed to be entitled to regain possession (Explanation l).
The emphasis has been laid on the record of khasra or khatauni of 1356F and June 30, 1948 is the datum line. The
importance of 'an entry in these two documents is further
apparent from explanations II and III. Under the former, if
the entry is corrected before the date of vesting 0-7-52), the
corrected entry is to prevail and under the latter the entry
is deemed to be corrected (even though not actually corrected)
if an order or decree of a competent court ordering the correction had been made before the date of vesting and the
order or decree had become final. There are thus two date
lines. They are June 30, 1948 and July l, 1952, and the title
to possession as adhivasi depends on the entries in the khasra
or khatauni for the year 1356F.
Before we proceed to decide whether the
answering
respondents satisfy the above tests we must consider what is
meant by the terms 'occupant' and 'recorded'. The word
'occupant' is not defined in the Act. Since khasra records
possession and enjoyment the word 'occupant' must mean a
person holding the land in possession or actual enjoyment.
The khasra, however, may mention the proprietor, the tenant,
the sub-tenant and other person in actual possession, as the
case may be. If by occupant is meant the person in actual
possession it is clear that between a proprietor and a tenant
the tenant, and between a tenant and the sub-tenant the
latter and between him and a person recorded in the remarks
column as "Dawedar qabiz" the dawedar qabiz are the occupants. This is the only logical way to interpret the section
which does away with all intermediaries. If rights are
not to be determined except in the manner laid down by the
section, the entries must be construed as explained by the
four explanations. Once we find out the right person in the
light of the explanations, that person continues as an adhivasi
after July 1, 19 52, provided he is in possession or was evicted
after June 30, 1948. If he was evicted after June 30;• 1948 "he
is entitled to regain possession in spite of any order or decree
tb the contrary. The word 'occupant' thus signifies occupancy
and enjoyment. Mediate possession, (except .where the immediate possessor holds on behalf of the mediate possessor) is
of no consequence. In this way even persons who got into
occupation when lands were abandoned get recognition. The
7 S.C.R.
SUPREME COURT REPORTS
809
196'
section eliminates inquiries into disputed possession by accepting the records in the khasra or khatauni of 1356F, or
Amba Prasa4
its correction before July 1, 1952. It was perhaps thought Abdu! N:~, Kha,.
that all such disputes would have solved themselves in the
and Others
four years between June 30, 1948 and June 30, 1952.
There was,
however, for some time a difference of
opinion, on the point whether possession in 1356F should
be proved, between the High Court of Allahabad and the
Board of Revenue. Section 20 came before this Court in The
Upper Ganges Sugar Mills
Ltd. v. Khalil-ul-Rehman and
others(') where the correctness of Lala Nanak Chand v. The
Board of Revenue, U.P.(') was challenged on the ground that
it had held that a mere entry in 1356F without possession in
that year was sufficient. This Court did not decide the question and left it open. Subsequently, the Allahabad High
Court in several decisions including the Full Bench decision
in Ram Dular Singh and another v. Babu Sukh Ram and
others(') has endorsed the earlier view in Nanakchand v.
Board of Revenue, U.P.(') In L. Bha/ Singh v. Bhop and another(') the following passage from Nanak Chand's case was
expressly approved: -
"It seems to us that clauses (b)(i) and (b)(ii) of Sec.
20 do not require the. proof of actual possession
in the year 1356F. What they require merely is
the entry of a person's name as an occupant in
the Khasra or Khatauni of 1356F. The words of
the section are clear.
(Every ~rson who was recorded as occupant in the
Khasra or Khatauni in 1356F. etc.).
The words are not "every person who was an occupant in l 356F": nor are the words "every person
who was recorded as an occupant in the year
1356F and who was also in possession in that
year''. There is no warrant for introducing words
in the section which are not there. This conclusion is reinforced by what is stated in Explanation II".
The Board of Revenue in Sugriva v. Mukhi etc.(') has also
adopted the same view. In view of the long established line
of cases we see no justification for reopening of this question.
The decision of the Board of Revenue was therefore right.
The appeal fails and is dismissed with ~osts. One set of hearing fees.
A ppea/ dismissed.
(') [1961] 1, S.C.R. 564.
(') 1955 A.L.J. 408.
(') 1963 A.L.J. 667.
(') 1963 A.L.J. 288 at p. 291.
(') 1963 A.L.J. 17 (Rev.).
Hidayntu7fal1, J~