# RAM ADHAR SINGH v. RAMROOP SINGH & ORS

- **Citation:** [1968] 2 S.C.R. 95
- **Court:** Supreme Court of India
- **Decided:** 1967-10-26
- **Bench:** M. Hidayatullah, V. Bhargava, C. A. Vaidialingam
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/ram-adhar-singh-v-ramroop-singh-ors-4262
- **Pages:** 8

## Headnote

Uttar Prcdes!z Consolidation of Holdings Act, 1953 (U.P. Act 5 of
1954), s. 5 as amended by U.P. Act 21 of 1966-Suits and proceedings
in respect of rights or interest in land pending before authorities or courts
to abate in llreas deck1red to be under consolidation operations-A1ne1tded ,\·ect!on nol specificaliy 111entionlng .<htits for possession-Appeal in
suit for posses.\·ion under s. 209 U.P. Za111indllri and [,and Refor1ns Act.
ahnte.\· under afore.raid s. 5-An1end111ent whether ultra vires
the ·srate
ahates under afori:sai'd s. 5-A 1nendn1ent lVhether ultra v!:cs. the State
Legislature iis af}ecti11g juri.\·diction of Supre1i1e Co11rt.
A suit··for recovery of possession of land under s. 209 of the U.P.
Zamindari Aboi:tion and Land Reforms Act, 1950 was filed against the
appellant. It was decreed by the tria1 court and the deci:ec was affirmed
hy the first appellate court as well as by the High Court in second app,.,.al.
Special leave to appeal .to this Court was granted to the appellant under
Art.
136 of the Constitution.
1-hcreaftcr the State Government issued
a notification under s. 4 of the U.P. Consolidation of Holdings Act, 1953
bringin~ the area in wh.ch th~ suit lands were situate, under consolidation operations.
The appellant filed an application praying for an order
that in view of s. 5 of the Consolidation of Holdings Act as amended by
Act 2 l of 1966 the appeal stood abated.
On behalf of !he respondent it
1:J.s ho\vevcr urged : (i) that suit""i for recovery of possession of lands
Liid nc.:t come within the purview of s. 5 as amended and hence no question of abatement arose; (ii) that if the amended section. applied to the
present proc~edings the legislation being one· by the State Legislature,
Was 11/tra vires inasm~ch as it took away the jurisdiction of the Supreme
Court to deal with the appeal.
HELD : ( i) Suits for possession as such. have not been expressly
referred. to in the new s. 5; bul the expression 'every suit and proceeding
in/respect of declaration of rights or inter-zst in any land .... ' is comprehensive enough to take in suits for possession of land, because, before
a claim for possession is accepted, the c;ourt will have, necessarily,
to
adjudicate upon the right or interest of the plaintiff, in respect of the
disputed. property, taking into account the claim of the opposite party.
The various provisions contained in the Act alsv clearly indic•ate that
disputes of the nature which existed between the parties in the -present
litigation. are now well within the jurisdiction of the authoritit:s constituted under the Act, to adjudicate upon.
[IOOE-G]
The suit filed by the respondent was therefore covered by s. 5 of the
~onsolidation of Holdin~s Act.
(ii) :Section 5 docs not affec~ the jurisdiction of the Supreme Court
and is not ultra vires.
What the St<:te Le:~islature has done is onlv to
make provision in respect of n1atters v.ithin its jurisdiction and declare
that a suit, instituted. in a court. within its area has abated. The position,
ulti1nately is that this Court takes note· of a sub~equent event, viz ... the
passing of .the Amending Act, and the ·amendment of s. 5 thereby
h~·
the State Legislature, and on that basis it
ho1ds~that the, suit, out of
which these proceedings arise, stands a:bate4. [102D~.1.']
96
SUPREME COURT REPORTS
[1968) 2 S.C.R.
CIVIL APPELi.ATE h 1RISDICTION: Civil Mic~ellaneous Petition
A.
No. 2631 of I 967 (Application for abatement of Appeal).
Civil Appeal Ko. 691 of 1966.
Appeal by special leave from the judgment and order dated
April 20. 1965 of the Allahabad High Court in Second Appeal
No. 1602 of 1963.
B
E. C. Agra1ra/a and P. C. · Agra1ra/a,
for
the
petitioner/
appellant.
S. V. G11prc and B. Datta, for respondent No. I.

## Text

A
B
c
D
E
F
G
H
RAM ADHAR SINGH
v.
RAMROOP SINGH & ORS.
October 26, 1967
(M. HIDAYATULLAH, V. BHARGAVA AND C. A. VAIDIALINGAM, JJ.]
Uttar Prcdes!z Consolidation of Holdings Act, 1953 (U.P. Act 5 of
1954), s. 5 as amended by U.P. Act 21 of 1966-Suits and proceedings
in respect of rights or interest in land pending before authorities or courts
to abate in llreas deck1red to be under consolidation operations-A1ne1tded ,\·ect!on nol specificaliy 111entionlng .<htits for possession-Appeal in
suit for posses.\·ion under s. 209 U.P. Za111indllri and [,and Refor1ns Act.
ahnte.\· under afore.raid s. 5-An1end111ent whether ultra vires
the ·srate
ahates under afori:sai'd s. 5-A 1nendn1ent lVhether ultra v!:cs. the State
Legislature iis af}ecti11g juri.\·diction of Supre1i1e Co11rt.
A suit··for recovery of possession of land under s. 209 of the U.P.
Zamindari Aboi:tion and Land Reforms Act, 1950 was filed against the
appellant. It was decreed by the tria1 court and the deci:ec was affirmed
hy the first appellate court as well as by the High Court in second app,.,.al.
Special leave to appeal .to this Court was granted to the appellant under
Art.
136 of the Constitution.
1-hcreaftcr the State Government issued
a notification under s. 4 of the U.P. Consolidation of Holdings Act, 1953
bringin~ the area in wh.ch th~ suit lands were situate, under consolidation operations.
The appellant filed an application praying for an order
that in view of s. 5 of the Consolidation of Holdings Act as amended by
Act 2 l of 1966 the appeal stood abated.
On behalf of !he respondent it
1:J.s ho\vevcr urged : (i) that suit""i for recovery of possession of lands
Liid nc.:t come within the purview of s. 5 as amended and hence no question of abatement arose; (ii) that if the amended section. applied to the
present proc~edings the legislation being one· by the State Legislature,
Was 11/tra vires inasm~ch as it took away the jurisdiction of the Supreme
Court to deal with the appeal.
HELD : ( i) Suits for possession as such. have not been expressly
referred. to in the new s. 5; bul the expression 'every suit and proceeding
in/respect of declaration of rights or inter-zst in any land .... ' is comprehensive enough to take in suits for possession of land, because, before
a claim for possession is accepted, the c;ourt will have, necessarily,
to
adjudicate upon the right or interest of the plaintiff, in respect of the
disputed. property, taking into account the claim of the opposite party.
The various provisions contained in the Act alsv clearly indic•ate that
disputes of the nature which existed between the parties in the -present
litigation. are now well within the jurisdiction of the authoritit:s constituted under the Act, to adjudicate upon.
[IOOE-G]
The suit filed by the respondent was therefore covered by s. 5 of the
~onsolidation of Holdin~s Act.
(ii) :Section 5 docs not affec~ the jurisdiction of the Supreme Court
and is not ultra vires.
What the St<:te Le:~islature has done is onlv to
make provision in respect of n1atters v.ithin its jurisdiction and declare
that a suit, instituted. in a court. within its area has abated. The position,
ulti1nately is that this Court takes note· of a sub~equent event, viz ... the
passing of .the Amending Act, and the ·amendment of s. 5 thereby
h~·
the State Legislature, and on that basis it
ho1ds~that the, suit, out of
which these proceedings arise, stands a:bate4. [102D~.1.']
96
SUPREME COURT REPORTS
[1968) 2 S.C.R.
CIVIL APPELi.ATE h 1RISDICTION: Civil Mic~ellaneous Petition
A.
No. 2631 of I 967 (Application for abatement of Appeal).
Civil Appeal Ko. 691 of 1966.
Appeal by special leave from the judgment and order dated
April 20. 1965 of the Allahabad High Court in Second Appeal
No. 1602 of 1963.
B
E. C. Agra1ra/a and P. C. · Agra1ra/a,
for
the
petitioner/
appellant.
S. V. G11prc and B. Datta, for respondent No. I.
The Judgment of the Court was delivered by
Vaidialingam, J.
In Civil Appeal No. 691 of 1966, the ap
pellant, by special leave, granted by this Court, challenge> the
judgment and decree, of the Allahabad High Court, dated Aprii
20, 1965, in Second Appeal No. 1602 of 1963. In Civil Miscel·
laneous Petition No. 2631 of 1967, the appellant has prayed this
Court, to pass an order that Civil Appeal No. 691 of 1966 has
abated, in view of the amended s. 5, of the Uttar Pradesh Consolidation of Holdings Act, 1953 (U.P. Act 5 of 1954) (he1cinafter referred to as the Act).
The appellant was the defendant. in a suit instituted by the
respondents, under s. 209, of the Uttar Pradesh Zamindari Aboli·
tion and Laud Reforms Act. 1950 (U.P. Act I of 1950) (hereinafter referred 10 as the Abolition Act). The plaintiff, 'claiming to
be a bhumidar of the land, in que.stion. instituted the suit, out of
which the second appeal arose, against the appellant, for rc-;:,very
of possession of the property, on the ground that the appellant
was a trespasser and that he was n<>t entitled to remain. in JX'S·
session of the property.
The trial Court, as well as the Appellate
Court, have held that the plaintiff was the bhumidar, and the
appellant has not established his tenancy right in the property.
and, as such. he was neither a sirdar nor an asami. On the other
hand, the findings are that the appellant is only a trespasser. On
these findings, the plaintiffs
suit was decreed.
The appellant,
thereupon, challenged the decision of the two subordinate courts
in second appeal, before the High Court of Allahabad. The High
Court has agreed with the conclusions, arrived at by the Subordinate courts. and dismissed the second appeal.
This Court, on
June 15, 1965, granted special leave to the appellant, to appeal
against the judgment of the High Court.
According to the appellant, after the grant of special leave,
hy thi> Court, the State of Uttar Pradesh has published in the
State Gazette, a notification, dated October 22, 1965, under s. 4.
of the Act.
The effect of that "notification is that the plots, in
c
'
II"
-
A
B
c
'
u
p;
F
G
H
RAM ADHAR V. RAMR()()P (Vaidialingam, J.)
97
dispute between the parties in this litigation, and which are situated in the village of Pureon, Pargana Bayalsi, in the District of
Jaunpur, have been brought under the consolidation operation,
by v;rtue of the Act. Section 5 of the Act, as it stood prior to its.
an:endment in 1966, was as follows :
"5. Effect of declaration.-Upon the publication
of the notification under section 4 in the Official Gazette,
the consequences, as hereinafter setforth, shall, sub.iect
to the provisions of this Act, from the date specified
thereunder till the publication of notification under Section 52 or sub-section (1) of Section 6, as the case may
be, ensue in the area to which the declaration relates,
namely:
(a) the district or part thereof, as the case may be,
shall be deemed to be under consolidation operations
and the duty of maintainJng · the record-of-rights and
preparing the village map, the field book and the annnal
register of each village shall be performed by the District Deputy Director of Consolidation, who shall maintain or prepare them, as the case may be, in the nianner prescribed;
(b) (i) all proceedings for correction of the records
and all suits for declaration of rights and interests over
land, or for possession of land, or for partition, pending
before any authority or court, whether of first instance,
appeal, or reference or revision, shall stand stayed, but
without prejudice to the right or interests in dispute in
the said proceedings or suits before the consolidation
authorities under and in accordance with the provisions.
of this Act and the rules made thereunder;
(ii) the findings of consolidation authorities in proceedings under this. Act in respect of such right or interest in the land, shall be acceptable to the .authority
or Court before whom the proceeding or suit was pending which may, on communication thereof by the parties concerned, proceed with the proceedings or suit,
as the case may be;
(c) notwithstanding anything contained in the U.P.
Zamindari Abolition and Land Reforms Act, 1950, no
tenure-holder, except with the permission in writing of
the Settlement Officer, Consolidation,
previously obtained shall-
(i) use his holding or any
part thereof for purposes not connected with agriculture,
horticulture or
"98
SUPREME COURT REPORl:S
[1968) 2 S.C.R.
animal husbandry including
pisciculture and poultry
A
farming; or
(ii) transFcr by way of sale, gift or exchange any
part of his holding in the consolidation area :
Provided that a tenure-holder may continue to use
his holding or any part thereof, for any purpose for
which it was in use prior to the date specified in the notification issued under section 4."
Jt is further "tJted that s. 5 has been amended, by Uttar Pra,bh
Act XXI of 1966.
The 1mterial provisions of the Amendment
Act, amending s. 5, arc as fol101;s :
"It is hereby cn:icted in the Sel'cntcenth year of the
Republic of India as follows :-
J. Short title ....
2. Amendment of Sec. 5 of U.P. Act No. V of
B
c
1954.
The C\isting Section 5 of the Uttar Pradesh
D
Consoliuation of Holdings Act. 1953 (hereinafter call·
cd the Principal Act) shall be renumbered as sub-section (I) thereof, and
(i) clause (b) of Sub-sccrion (I) :is so renumbered.
shall be omitted: and
(ii) after Sub-section (I) as so ~cnumbered, the following new Sub-section shall be added, vi~ :
"(2) Upon the said publication of the notificatior.
under sub-section (2) of Section 4, the following further consequences shall ensue in the area to which the
notification relates, namely:-
(a) every proceeding for the correction of records
and every suit and proceeding in respect of declantion
or rights or interest in any land lying in the area, of for
declaration or adjudication of any other right in re- .
gard to which proceedings can or ought to he taken
under this Act, pending before any Court or authority
whether of the first instance or of appeal, reference or
revision, shall, on an order being passed in :hat behalf
by the court or authority before whom s<ich suit or
proceeding is pending, stand abated.
Provided that no such order shall be passed without giving to the parties notice l:ly pos: or in any other
manner and after giving them an orpor!unity of being
heard :
E
F
G
H
-
A
.B
F
G
H
RAM ADHAR v. RAMROOP (Vaidialingam, J.)
99
Provided further that on the issue of a notification
under sub-se-::tion (I) of Section 6 ln respect of the said
area· or part therec.i, every such order h relation to the
land lying in such area or part as the case may be, shall
stand vacated.
(b) Such abatement shall be without prejudice to
the rights of the persons affected to agitate the right
or interest in dispute in the said suits or proceedings
before the appropriate consolidation authorities under
and in accordance with the provisions of this Act and
the rules made thereunder.
"
Based upon the amended provisions of s. 5 of the Act, the appellant has filed C.M.P. 2631 of 1967, to pass an order that Civil
Appeal No. 691 of 1966 stands abated, inasmuch as the rights
of parties, with reference to their rights or interest in the property
in dispute, will have. to be agitated before the appropriate consolidation authorities, in accordance with the provisions of the
Act.
Learned counsel for ,the appellant, Mr. Agra""ala, has taken
us through the various provisions of the Act and, according to
him, the scheme of the Act clearly shows that the question, whether the respondent is a bhumidar and as to whether his client,
the appellant, has got tenancy rights in the properties, are all
matters now falling for adjudication, within the exclusive jurisdiction of the authorities constituted under the Act.
Counsel also
points out that while originally, under s. 5, as it stood before the
amendment, the proceedings pending in Courts stood stayed, to
await the adjuc':cation by the authorities under the Act, the position has been now altered, by virtue of the amendment effected
by the Amending Act XXI of 1966, the effect of which is to declare the proceedings pending before Courts, as abated.
Counsel
therefore ·urges that there is nothing further to be done, by this
Court, in the appeal, excepting to pass an order mat the appeal
has abated.
·
Mr. S. V. Gupte, learned counsel, appearing for the respondent-plaintiff, has raised twc contentions : (i) that suits, for recovery of possession of lands, from trespassers do not come within
the purview of s. 5, as it now stands, after the. l 966 amendment,
arid hence no question of abatement arises; (ii) if the amended
section applies to these proceedings, the legislation being one by
the State Legislature, 'is ultra vires inasmuch as it takes away the
jurisdiction of the Supreme Court, to deal with the appeal.
100
SUPREME COURT REPORTS
[1968] 2 S.C.R·
After a consideration of the contentions of both the learned
counsel, we arc satisfied that the stand taken, on behalf of the
respondent, on both the points, cannot be accepted.
We have already extracted the provisions of s. 5 of the Act,
'.as it originally stood, and as it no\'. stands, after the amendment
in 1966.
No doubt, in cl. (b) (i) of s. 5, as it originally stood,
suits for po~session of land were also expressly dealt with.
But,
under the amended s. 5, there i& no direct reference to 'suits for
possession of land'.
It is, on this difference in phraseology of
the new section, that Mr. Gupte, learned counsel for the respondent. has urged that his client's suit, being one for recovery of.
possession, instituted under s. 209, of the Abolition Act, is not
hit by the provisions of s. 5, a~ it now stands.
Mr. Gupte points
out tl1at when, in the original s. 5, there was a specific reference
to suits for possession of land, and which suits were to be stayed.
there was a conscious departure, by the Legislature, when s. 5
was amended. by omitling suits for possession of land. If the
intention of the lcgisbture was, Mr. Gupte points out, that the
\an•Jus types of suits or proceedings which had to be stayed,
undc• the old s. 5, have to be declard, as abated, under the new
s. 5. the '-cgislature could have referred to all the types of actions
which hdd been dealt with, under the original sectior..
No doubt
this !in~ of reasoning, on the face of it, may appear to be attractive; but we arc ~ot satisfied that there is any merit in that contention. 'Suits iur p::>ssession', as such, has not been expressly
referred to, in the 1ww section 5, but, in our opinion, the expression 'every suit and pro~P.ding in respect of declarati6n of rights
or interest ir. any land ... .', are comprer.ensive enough to take
in suits for possession of land, because, before a claim for possession is accepted, the Court will have, necessarily, to adjudicate
upon the right or interest of the plaintiff, in respect of the disputed property, taking into account the claim of the opposite party.
Therefore, in our opinion. the suit, instituted by the respondent,
is covered by the amended section 5 of the Act.
The various provisions, contained in the Act, also clearly
indicate that disputes, of the nature which exists between the parties in the present litigation, arc all now within the ju~isdiction of
the authorities, constituted under the Act, to adjudicate upon. The
Act itself is one, to 'provide for the consolidation of agricultural
holdings in Uttar Pradesh
for the development of agriculture'.
Section 3 defines the various expressions.
'Chak' means the
parcel of land allotted to a tenure-holder, on consolidation. 'Consolidation' means re-arrangement of holdings in a suit, amongst
several tenure-holders, in such a way as to make their respective
holdings ·more compact.
'Tenure-holder' means a bhumidhar or
sirdar of the land concerned, and includes an asami.
Section 4
A
B
c
D
£
f
G
H
A
8
c
D
E
'
G
H
RAM ADHAR v. RAMROOP ( Vaidialingam, ]. )
I 0 I
. ,
,sives power to the State Governm~nt to make a declaratJ~n t~at
a district or part thereof may be brought unde.r co1:1soh~at10n
operations. There is no controversy, that tj:le notJficat10n, issued
by the State Government,
under tbi.s secti0n,
on October 22,
1965 takes in the area where the disputed h,nds are situated. We
have 'already referred to the provisions, contained in the original
as well as the amended section 5.
Sections 8 and SA, deal with the preparation of records, and
statements, by the Consolidation Officer, and s. 9 provides for the
Assistant Consolidation Officer sending notices to tenure-holders
concerned, and other persons interested, showing their interests
in, and liabilities, in relation to, the land. Sub-s. (2) of s. 9 provides for a person, to whom a notice under sub-s. (1) has been
sent, or any other person interested, to file objections within the
time specified, there.in, to the Assistant
Consolidation Officer,
disputing the correctness .of the entries made in the records. One
of the entries, we have already pointed out, relates to the 'rights
in and liabilities in relation to the land'.
There are provisions
relating to the hearing of objections and the Assistant Consolidation Officer is deemed to be a Court of competent jurisdiction.
Provisions have also been made for an l_lggrieved pariy to file an
appeal, to the Settlement Officer, and s. 11 provides that the
order of the Settlement Officer is final and that it cannot be questioned in any Court of law.
Section 11 A provides that no question in respect of a claim to
a land, shall be raised or heard at any Subsequent stage of the
consolidation proceedings, if they have not been raised earlier.
Section 24 provides for the tenure-holder being entitled to enter
into possession of the plots allotted. to him. Section 28 also gives
power to the Assistant Consolidation Officer, on the application
of the tenure-holder, to be put in possession of the land, allotted
to him.
We have already referred to the fact that the expression 'tenure-holder' .under s. 3(11). means a bhumidhar, or sirdar
of. the land cdncerned ~nd incluoes also an asami.
Section 40
provides that proceedings before the Consolidation authorities are
to be deemed to be judicial proceedings. Section 48 provides for
the Director of Consolidation, exercising his powers of revision,
regarding cases decided, or proceedings taken, by any subordinate
authority. Section 49 excludes the jurisdiction of civil courts to
entertain any suit or proceeding, with respect to rights in respect
of lands, covered by the notification, under s. 4, or with respect
to any other matters, for which a proceeding could, or ought to
have been taken, under the Act;
We have referred only to some of the salient provisions of
the Act; and they will clearly show that the subject matter of
the d!Spute, between the parties in this litigation, are all matters
102
SUPREME COURT REPORTS
(1968] 2 S.C.R.
'
falling for adjudication, within the
purview of the authorities,
constituted under the Act.
In fact, cl. (b), of sub-s. (2) of s. 5
of the Act, as it now stands, also lays down that the abatement of
the proceedings, .mder cl. (a), shall be without prejudice to the
<ights of persons affected, to agitate the right or interest in dispute in the said suits or proceedings, before the appropriate consolidation authorities under the Act and in accordance with the
provisions of the Act and the rules made, thereunder.
Having due regard to the nature of this litigation, and the
provisions of the A~1. we are satisfied that the amended s. 5 of
rhc Act applies to these proceedings. If that is so, an order has
to be passed that the suit, out of which these proceedings arise,
stands abated.
That takes us on to the second wntention, ot"Mr. Gupte, viz.,
that the provisions of the amended section 5 arc ultra vires, ina>-
much as the State Legislature has enacted a provision· which impinges upon the jurisdiction of this Court.
The learned counsel
has no doubt referred us, to the various entries in the Lists in
the Seventh Schedule to the Constitution; but we arc not satisfied
that there is any merit either, in this contention. The State Legislature has not passed any legislation affecting the jurisdiction of
this Court.
On the other hand, what the State Legislature has
done is only to make provision in respect of matters, within its
jurisdiction and to declare that a suit, instituted in a Court, within
its arc~, has abated.
The position, ultimately, is that this Court
takes note of a subsequent event, viz., the passing of the Amending Act, and the amendment of s. 5 thereby, by the State Legislature, and, on that basis, it holds that the suit, out of which these
proceedings arise, stands abated. Therefore, there is no question
of the Legislature of the State having passed any legislation affecting the jurisdiction of this Court.
The result is th~t C.M.P. 2631 of 1967 is allowed and it is.
declared that Civil Appeal No. 691 of 1966 has abatec' under the
amende.d s. 5 of the Act. The civil appeal is also disposed of, as
having abated. for the reasons given by us, when dealing with
the civil miscellaneous petition.
Pdrties will bear their own costs,
in both the matters.
G.C.
Petition allowed.
A
B
c
D
E
F
G