# STATE OF UTTAR PRADF.SH v. RAJA ANAND BRAHMA SHAH September 16, 1966

- **Citation:** [1967] 1 S.C.R. 362
- **Court:** Supreme Court of India
- **Decided:** 1966-09-16
- **Case number:** Civil Appeals Nos. 653 to 655 of 1964
- **Bench:** K. SunnA RAO, M. Hidayatullah, S. M. Sikri, V. Ramaswami, J. M. SHEi.AT
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/state-of-uttar-pradf-sh-v-raja-anand-brahma-shah-september-16-1966-3833
- **Pages:** 11

## Headnote

U.P. Zamindari Abolition and Land Reforms Act (I of 1951), 4f
.amended by U.P. Act (14 of 1958) and U.P. Act (I of 1964) s. 3(8)-
"Estate''-lf covered by Art. 31A (2)(a) (I) and (lll)of th• Constitution-
. Constitution of India, 1950, AN. 3!A-lf saves Act.
The Slate of Uttar Pradesh issued two r,otilications in 1953, by one
of which the Uttar Pradesh Zamindari Abolition and Land Reforms Act,
1950, \l.'as cxrended to certain areas, in v.·hich. Pargana Agori \\th1ch was
O\VDcd by the respondent v.ra.<: situate, and by the other, it was directed that
all "estales" in the area including the Pargana should vest in the State.
The respondent challenged the notification. by a writ petition on the ground
that the Pargana was not an estate within s. 3 ( 8) of the Act. While the
matter was pending in the High Court,
the dcli.oitioo in s. 3 (8) WU
amended by U.P. Act 14 of 1958, and while appeals were pending in this
Court, by U.P. Act I of 1964, by which, the Pargana was deemed lo be
an "estate". The amendments had retrospective effect from !st July 1952.
The appellant-State contended that Act I of 1964 could not be iJ11..
pugned because, the Pargana was an "estate" either within Art. 31A(2)(a)
(i) or (iii).
HELD : The forest land or waste land in the Pargana could not be
·deemed to be an estate within Art. 31A(2)(a)(iii) unless it was held or
·ret for purposes ancillary to agriculture.
But the entire Pargana is "
grant in the nature of a jagir or inam, having been held by the respondent's
ancestor under saoads granting the land and the land revenue to him for
services rendered to the British, and consequently, is an "estate" within
Art. 31A(2)(a) (il of the Constitution. [368 D; 370 G-H; 371 F-HJ
Thal.ur Amar Slnghji v. State of Rajasrhan [1955] 2 S.C.R. 303, followed.
The acquisition of the Pargana was a necessaiy atep in the implemenlatioo of agrarian reforms contemplated by Art. 31A Therefore, U.P. A.ct 1
of 1964 can claim the protection of Art. 3 IA, and the two notifications
must be upheld. [372 A-CJ
CM1. APPELLATE JURISDICTION: Civil Appeals Nos. 653 to 655
of 1964.
Appeals from the judgment and decree dated November I, 1962
of the Allahabad High Court in Special Appeals Nos. 267 and 292
of 1957.
C. K. Daphtary, Auorney-Genera/, Shanti Bhushan, AdvocateGenera/, U.P. and 0. P. Rana, for the appellants (in C.As. Nos.
653 and 654of1964) and the respondents (in C.A. No. 655of1964).
A. K. Sen, B. R. L. Iyengar, V. P. Misra, S. K. Mehta and
K. L. Mehta, for the respondent (in C.As. Nos. 653 and 654 of
1964) and the appellant (in C. A. No. 655of1964).
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U. P. STATE v. RAJA ANAND (Sikri, !.)
363

## Text

STATE OF UTTAR PRADF.SH
v.
RAJA ANAND BRAHMA SHAH
September 16, 1966.
[K. SunnA RAO, c: J., M. HIDAYATULLAH, S. M. SIKRI,
V. RAMASWAMI AND J. M. SHEi.AT, JJ.j
U.P. Zamindari Abolition and Land Reforms Act (I of 1951), 4f
.amended by U.P. Act (14 of 1958) and U.P. Act (I of 1964) s. 3(8)-
"Estate''-lf covered by Art. 31A (2)(a) (I) and (lll)of th• Constitution-
. Constitution of India, 1950, AN. 3!A-lf saves Act.
The Slate of Uttar Pradesh issued two r,otilications in 1953, by one
of which the Uttar Pradesh Zamindari Abolition and Land Reforms Act,
1950, \l.'as cxrended to certain areas, in v.·hich. Pargana Agori \\th1ch was
O\VDcd by the respondent v.ra.<: situate, and by the other, it was directed that
all "estales" in the area including the Pargana should vest in the State.
The respondent challenged the notification. by a writ petition on the ground
that the Pargana was not an estate within s. 3 ( 8) of the Act. While the
matter was pending in the High Court,
the dcli.oitioo in s. 3 (8) WU
amended by U.P. Act 14 of 1958, and while appeals were pending in this
Court, by U.P. Act I of 1964, by which, the Pargana was deemed lo be
an "estate". The amendments had retrospective effect from !st July 1952.
The appellant-State contended that Act I of 1964 could not be iJ11..
pugned because, the Pargana was an "estate" either within Art. 31A(2)(a)
(i) or (iii).
HELD : The forest land or waste land in the Pargana could not be
·deemed to be an estate within Art. 31A(2)(a)(iii) unless it was held or
·ret for purposes ancillary to agriculture.
But the entire Pargana is "
grant in the nature of a jagir or inam, having been held by the respondent's
ancestor under saoads granting the land and the land revenue to him for
services rendered to the British, and consequently, is an "estate" within
Art. 31A(2)(a) (il of the Constitution. [368 D; 370 G-H; 371 F-HJ
Thal.ur Amar Slnghji v. State of Rajasrhan [1955] 2 S.C.R. 303, followed.
The acquisition of the Pargana was a necessaiy atep in the implemenlatioo of agrarian reforms contemplated by Art. 31A Therefore, U.P. A.ct 1
of 1964 can claim the protection of Art. 3 IA, and the two notifications
must be upheld. [372 A-CJ
CM1. APPELLATE JURISDICTION: Civil Appeals Nos. 653 to 655
of 1964.
Appeals from the judgment and decree dated November I, 1962
of the Allahabad High Court in Special Appeals Nos. 267 and 292
of 1957.
C. K. Daphtary, Auorney-Genera/, Shanti Bhushan, AdvocateGenera/, U.P. and 0. P. Rana, for the appellants (in C.As. Nos.
653 and 654of1964) and the respondents (in C.A. No. 655of1964).
A. K. Sen, B. R. L. Iyengar, V. P. Misra, S. K. Mehta and
K. L. Mehta, for the respondent (in C.As. Nos. 653 and 654 of
1964) and the appellant (in C. A. No. 655of1964).
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U. P. STATE v. RAJA ANAND (Sikri, !.)
363
The Judgment of the Court was delivered by
Sikri, J. These appeals by certificates granted by the High
Court of Judicature at Allahabad raise one principal question:
Whether the amendment of the definition of the word "estate"· in
clause (8) of s. 3 of the Uttar Pradesh Zamindari Abolition and Land
Reforms Act, 1950 (hereinafter referred to as the Reforms Act)
made bys. 2 of the Uttar Pradesh Zamindari Abolition and Land
Reforms (Amendment) Act, 1963, hereinafter called the impugned
Act, is within the definition of the word "estate" in Art. 31A(2) of
the Constitution?
These appeals arise out of a petition filed by Raja
Anand
Brahma Shah of Agori Barhar-Raj under Art. 226 of the Constitution. The State of Uttar Pradesh had issued a notification No.
3549/1/A-499 dated June 30 1953, extending the provisions of
Reforms Act, 1950,. to apply to the areas to the South of Kaimur
Range. It then issued another notification No. 3949/{1)-A-4991949 dated July 1953, directing the vesting of all "estates" situated to
the south of Kaimur including the Pargana Agori, owned by the
petitioner. The Pargana Agori is comprised of 123 villages. At
the time the petition was filed and the judgment of the Single Judge,
dated November 8, 1957, was delivered, s. 3(8) of the Reforms
Act stood as follows:-
" 'Estate' means the area included under an entry in any
of the registers prepared and maintained under clause (a),
I!:
(b), (c) or (d) of s. 32 of the United Provinces Land
Revenue Act, 1901, or in the registers maintained under
clause (e) of the said section in so far as it relates to a
permanent tenure-holder and includes share in or of an
estate."
The case of the petitioner in short was that Pargana Agor
F
was not an estate withins. 3(8) of the Reforms Act because norecords
were prepared and maintained under the provisions of s. 32 of the
land Revenue Act, 1901, in respect of Pargana Agori, and the records alleged to have been prepared between 1840 to 1843 under the
Bengal Regulations were unauthorised and the Government itself
did not approve the~e records at any time. The learned Single
·G
Judge, keeping in view the definition in s. 3(8) of the Reforms
Act, came to the conclusion that the whole of 81 villages, including
the cultivated area, the forest, the hill and everything else would
vest in the State of Uttar Pradesh.
He held that the Raja's name
alone was entered in the khewats of 64 villages, and in the khewats
of 17 villages although the names of under-proprietors were written,.
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the Raja was the proprietor of the entire villages because the Raja's
name was ip.entioned as "Malik Ala". With respect to the remaining
42 villages he held that only the areas mentioned in the khewats of
the different villages and not the forests and hills attached to them
MIS Sup.C.l/66-10
364
SUPRBME COUllT REP<aTS
(1967] I &C.R.
fell within s. 3(8) . In the result he allowed the petition in part
and issued a writ of mandamus directing the respondents not to
take possession nor to interfere with the possession of the petitioner
over the hills and jungle appertaining to the said 42 villages as distinguished from the areas mentioned in the khewats of these villages
at the time the vesting order was issued.
He dismissed the rest of
the claim. The petitioner and the State of Uttar Pradesh both filed
appeals, the petitioner claiming that the petition should be allowed
in entirety, the State claiming that the petition should be dismissed.
During the pendency of the appeals (U. P. Act XIV of 1958)
substituted the following new s. 3(8) in the Reforms Act, with
retrospective effect from July, 1952:
"3(8) "Estate" means and shall be deemed lo have
always meant the area under one enfry in any of the
registers described in clause (a). (b), (c) or (d) and, in so far
a~ it relates to a permanent tenure-holder in any register
described in clause (e) of section 32 of the U. P. Land
Revenue Act, 1901, as it stood immediately prior to the
coming into force of this Act, or, subject to the restriction
mentioned with respect to the register described in clause(e)
in any of the registers maintained under section 33 of the
said Act or in a similar register described in or prepared or
maintained under any other Act, Ruic, Regulation or Order
relating to the preparation or maintenance of record of
rights in force at any time and includes share in or of an
'estate'.
Explanation : The Act, Ruic, Regulation or order
referred to in this clause shall include Act, Rule, Regulation
or order made or promulgated by the erstwhile Indian
State whose territories were merged or absorbed in the
State of Uttar Pradesh prior to the date of vesting notified
under section 4 of this Act."
In the light of this definition the Division Bench came to the
conclusion that only the areas expressly mentioned in the Khewats
vested in the State.
It accordingly dismissed the appeals filed by
the State and partly allowed the appeal of the petitioner.
The State filed two petitions for leave to appeal, one against
the judgment in Special Appeal No. 267/1957 and the other against
the judgment in Special Appeal No. 292/1957. The Raja filed a
petition for leave to appeal against the judgment in Special Appeal
No. 267/1957. The High Court granted three certificates on August
16, 1963, and three appeals are now before us, all arising out of the
one petition under Art. 226 filed by the petitioner Raja',
On January I, 1964, the English translation of the impugned
Act (U. P. Act No. I of 1964)was published, it having received assent
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U. P. STATE v. RAJA ANAND (Sikri, J.)
365
of the President on December 31, 1963. The relevant portion of
the impugned Act reads as follows:-
"Section 2. In the Uttar Pradesh Zamindari Abolition and Land R~orms Act, 1950 (hereinafter called the
principal Act), in clause (8) of Section 3, the following
proviso shall, with effect from the first day of July, 1952,
be added before the explanation, and the notifications
issued under the principal Act (including sections 2 and 4
thereof) or the U. P. Land Reforms (Amendment) Act,
1954 (including section 1 thereof) or the U. P. Land
Reforms (Amendment) Act, 1956 (including section 1
thereof) or the U. P. Land Reforms (Amendment) Act, !'958
(inc!uding section 1 thereof) shall, notwithstanding any judgi.
ment, decree, determination or order of any Court be so
construed as if the said proviso had, since the said date,
formed part of the principal Act, as also of the definition of
the word 'estate' as given in the Uttar Pradesh Zamindari
abolition and Land Reforms (Amendment) Act, 1958:
Provided that in Mirzapur District each of the areas
bounded as given in Schedule VII shall, notwithstanding
anything contained in the foregoing definition, be deemed
to be an estate.
3. After Schedule VI of the principal Act, the following
new Schedule
shall be added and be deemed to have
been so added with effect from the first day of July, 1952.
Schedule VII
[See proviso to clause (8) of section 3]
1. The
area known as Pargana Agori in district
Mirzapur bounded in the North by the Kaimur Range
confining with the villages Padaunian (also known as
Parhwanian); Chingauri, Guraul (also known as Gurwal)
Karaundia, Barauli, Dumkari Khirhata, Gadman, Khajraul
(-also known .as Khajuraul) Dugauli, Baragaon, Jurauli,
Jurauli Kulani, Rajpur, Raipura, Sendtiri, Raghunathpur,
Bahawar, Basauli, Baghuwari, Lodhi, Raunp,
Musahi,
Churk and Urauli (also known as Arauli) of Pargana Barbar
and villages Biranchuwa, Makri Bari, Pokhraundh, Lauwa,
Cherui, Baghma, Markundi of Pargana Bijaigarh of
district Mirzapur as far as the Western boundary of village
Sasnai of Pargana Bijaigarh which then forms the boundary
between Parganas Agori and Bijaigarh upto the point
opposite the junction of the rivers Kanhar and Son and
thence
onward
the
River Son, forms its northern
boundary.
366
SUPREME COURT
REPORTS
(1967] l S.C.IL
in the east and south-east by the territory of the
A
State of Bihar;
in the South by Tehsil Dud hi of District Mirzapur;
in the South-West and West by the territory of Madhya
Pradesh (erstwhile Rewa State);
but excluding village Kishun Chak, which is a separate
estate within Pargana Agori and is bounded on the North,
East and South by village Kon Khas and in the West by
village Mohiuddinpur of District Mirzapur."
The learned counsel for the State has raised three points before
us in the two appeals filed by the State:
(I) In view of the impugned Act, Pargana Agori is an "estate~
within the Reforms Act;
(2) The High Court was in error in holding that on
account of the mention of a wrong area in the
khewat the entry cannot be said to be in respect of
the entire area;
(3) Naksha Pattidaris prepared by Rai Manak Chand in
1843 in connection with settlement operations
constituted record of rights.
On the first point Mr. A. K. Sen, the learned counsel for the
Raja, contends that the impugned Act cannot be saved under Art.
31A because it has not been passed for agrarian reforms and, secondly, that the impugned Act includes an area within the definition of
"estate" in tht> Reforms Act which is not an "estate" within Art.
31A(2).
He says that the validity of the acquisition under the
Reforms Act must be judged in the light of Art. 31 and Art. 19.
Art. 31 A(2) as enacted by Constitution (Seventeenth Amendment) Act, 1964, reads as follows:-
"31 A(2) In this article--
(a) the expression 'estate' shall in relation to any
local area, have the same meaning as that expression or its
local equivalent has in the existing law relating to land
tenures in force in that area and shall also include-
(i) any jagir, inam or muafi or other similar grant and in
the States of Madras and Kerala anyjanmam right;
(ii) any land held under ryotwari settlement;
(iii) any land held or let for purposes of agriculture
or for purposes ancillary thereto, including waste land,
forest land, land for pasture or sites of buildings and other
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U.P. STATE v. RAJA ANAND (Sikri, I.)
367
structures occupied by cultivators of land, agricultural
labourers and village artisans;
(b) the expression 'right' in relation to an estate,
shall include any rights vesting in a proprietor, sub-proprietor, under-proprietor, tenure-holder, raivat, under raivat
or other intermediary and any rights or privileges in respect
of land revenue."
It is apparent from the definition that as far as the first part of
clause (a) is concerned, we have to look to the meaning given to
the expression "estate" or its local equivalent in an existing law
relating to tenures. We cannot have recourse to the meaning given
in a law which is not existing law. Existing law is defined in art.
366(10) thus :
" 'Existing law' means any law, ordinance, orde1,
bye-law, rule or regulation passed. or made before the
commencement of this Constitution by any Legislature,
authority or person having power to make such a law,
Ordinance, order, bye-law, rule or regulation;"
Therefore, if the State desires to invoke Art. 3 lA and rely on the
tiefinition contained in the first part of clause (a) it must show that
the area sought to be acquired is an "estate" within the definition
contained in a law relating to land tenures passed before the commencement of the Constitution." The relevant definition for our
purposes is contained in s. 4(4) of the U.P. Land Revenuie Act
1901. It is not necessary to decide whether Pargana Agor alls
wtihin the definition of "Mahal" as we have come to the conclusion
that Pargana Agori is a Jagir or Inam or a grant of a similar nature
within clause (a) (i) of Art. 31A(2). But before giving our reasons
for this conclusion we will dispose of the contention of the learned
counsel that Pargana Agori is an estate within cl. (a) (iii) of that
Article.
According to the learned c0unsel for the State any waste land
or forest land would fall within clause (a)(iii) . He says that it is
not necessary that it should be held or let for purposes of agriculture
or for purposes ancillary thereto. In other words, he would rewrite clause (a)(iii) as follows:-
Clause (a) (iii)
(A) any land held or let for purpeses of agriculture
or for purposes ancillary thereto,
(B) any waste land, forest land, land for pasture,
. ( C) sites of building '.111d other structures occupied by
cul~1vators of land, agncultural labourers and village
artisan.
368
SUPREME COURT llEPOllTS
(1967] I S.C.ll.
We are unable to read clause (a)(iii) in this way.
It seems to
A
us that if this was the intention, cl. (a)(iii) would have been split
up and waste-land, forest land and land for pasture would have
figured separately in a separate clause. There are vast areas of
forest land and waste land in India and it is not to be expected
that these would be included in the definition indirectly by expanding
the word "land". If this was the intention at least the word •'includB
ing" would have been omitted and substitu.ted by "any". Further
the whole object of Art. 31A is to carry out agrarian reforms and
it is difficult to see how agrarian reforms can be furthered by the
acquisition of every parcel of forest land or waste land.
In our opinion the word "including" is intended Iv clarify or
explain the concept of land held or let for purposes ancillary to
C
agriculture. The idea seems to be to remove any doubts on the
point whether waste land or forest land could be held to be capable
of being held or let for purposes ancillary to agriculture.
We must, therefore, hold that forest land or waste land in the
area in dispute cannot be deemed to be an estate within cl.(a)(iii)
unless it was held or let for purposes ancillary to agriculture. There
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is no dispute that the cultivated portion of Pargana Agori would
fall within clause (a)(iii).
The next point is whether Pargana Agori is a Jagir, lnam or
other similar grant within Art. 31A(2)(a)(i). The learned counsel
for the State relies on the following facts ..
About the year 1744 A. D. Shambu Shah the then Raja of
Agori was dispossessed of his domains by Raja Balwant Singh and
he brought the estate to his own use.
It appears fro·m Robert's
report that Raja Balwant Singh an.d his successor Chet
Singh
remained in possession for about 40 years.
During the insurrection
of Chet Singh, Adil Shah, grandson of Shambu Shah, attended on
Warren Hastings and made himself so useful that the GovemorGeneral gave him a sanad restoring him the Zamindari of Agori
Barbar (vide Sherring Hindu Tribes Caste Vol.
I,
pages
182-183) reproduced in Baijnalh Prasad Singh v. Taj Bali Singh(')
He helped the British in the military operations against Chet Singh
thus:
"Meanwhile the information of Chet Singh's flight
reached the Governor-General at Chunar and a strong force
was sent under Major Popham to take possession of
Latifpur and then" to reduce Bijaigarh. The GovernorGeneral, after visiting Patita, returned to Ramnagar on
September 28th, and after restoring confidence by the issue
of proclamations of amnesty, formally installed Mahip
Narayan Singh, the daughter's son of Balwant Singh, as
(I) A.I.ll. 1917 All. t91.
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U,P, STATE V. RAJA ANAND (Sikri, /.)
369
successor to Chet Singh. Major Popham and his forces
reached Latifpur without opposition and having garrisoned
the· place with two companies of sepoys under Captain
Palmer, proceeded towards Bijaigarh, which he reached
after a difficult and trying march. A survey of the height
of the fort immediately dispelled all idea. of capturing it by
escalade. But the Raja of Agori, who had been expelled by
Balwant Singh and was now seeking restoration to his
ancestral domains, pointed out that the adjoiajng hill of'
Lowa Koh commanded the fort and was undefended.
Accordingly a battery was at once thrown up on Lowa
Koh, as also on another hill to the north of the fort. On the
following day fire was opened from these batteries and
resulted in the speedy silencing of tlie guns of the enemy,
which were very ineffectively served." (vide District
Gazetteer of Mirzapur~page 237)
The sanad is dated October 9, 1781, and the translation reads
as follows:-
"Be it known to Azzat Asar (respected) Ada! Singh,
Zamind.ar Pargana Agori.
That on the basis of his application it has been learnt
that the Zamindari of the aforesaid Pargana is his aneient
hereditary property and that some years ago Raja Balwant
Singh forcibly dispossessed him therefrom and himself
took possession thereof. Therefore, in view of Bargadam
Haqeeq, he should be restored to his own rights so that he
may carry on the settling and management of the aforesaid
'Pargana under the authority of the Amil and Rafat Wa
Awali Martabat Raja Mahip Narain Bahadur (?). It be
considered as very urgent and be complied with accordingly.
Dated the 20th of Shawalul Mukarram, 1195 Hijri Qudsi,
corresponding to the 9th of October, 1781, A. D. Qalmi."
Another translation appears in Baijnath Prasad Singh v•
Tej Bali Singh:(')
"Be it known to Adil Shah, respectable zamindar of
Pergana Agori, that on a petition having been made, it is
known that the zamindari in the pargana aforesaid is his
cld ancestral property. Several years ago Raja Balwant
Singh forcibly dispossessed him and brought it to his use.
Therefore, in lieu of former rights he should remain in
proprietary possession of his share as heretofore. He
should make arrangements as regards the cultivation of
the land. and population of the pargana aforesaid in
accordance with the directions of the Revenue Officer
{0 A.I.R. 1917 All. 191.
370
SUPllMB COURT llEPOllTS
(1967] l S.C.R.
and Raja Mohit Narain Bahadur of high rank.
He is
insisted on doing as directed above."
On October 15, 1781, a sanad was granted to the petitioner's
ancestor Adil Shah granting him an Ultmagah Jagir of Rs. 8,001/-
from Fasli year 1189. Adil Shah obtained possession of the Pargana
with the assistance of the British troops.
On November 4, 1803, a sanad was granted to the petitioner's
ancestors granting a Jagir of Rs. 8,001/- per annum.
Mr. A. K. Sen contends that the sanad was set aside by resolution of the Governor-General in Council dated April 1788 (see
paragraph 16 of the G.O. No. 3824 of August 30, 1845 printed on
page 97 of the Thomason Despatches).
He relies on this statement contained in the judgment of the High Court in Writ Petition
No. 454/1955 dated November 2, 1962.
But this statement refers
to the sanad dated October 15, 1781, and not to the sanad dated
October 9, 1781, or the later sanad dated November
4, 1803.
It appears from the District Gazetteer (page 255) that as soon as
Adil Shah obtained possession of the zamindari, Adil Shah really
forfeited his
claim to the assigned villages,
the revenue of
which was Rs. 8001/-
and
as possession had been obtained
at the time of the general settlement in 1788 the Governor-General
in Council ordered the assignment to be resumed. Adil Shah died
in 1794 ·and the New Raja became involved in monetary difficulties.
Mr. Barton, the then Collector, made certain proposals and
they were accepted at Calcutta and orders were issued to him to
revise the assessment of Agori-Barbar in such a way as to give
the Raja a net profit of Rs. 8,001/- per annum or to allot him, in
lieu thereof, a certain number of villages assessed to that amount.
Accordingly the revision of certain revenue paying villages took
place, and in addition to the villages assigned by Mr. Duncan,
certain others assessed to a sum of Rs. 4,000/- were made over to
the Raja. This arrangement brought taluqas Agori and Singrauli
into the Raja's possesssion, with the result that he became in 1804
both zamindar
and
jagirdar, or assignee of the Government
demand, in taluqas Kon and Agori, Singrauli and 28 villages in
Barbar.
Paras 11 to 15 of Robert's report dated January I, 1847,
are to th~ same effect.
It seems to us clear from the above facts that Pargana Agori
is still held under the sanad dated October 9, 1781, and the sanad
dated November 4, 1803. The second sanad is a grant of land
revenue. That is definitely ?. Jagir.
The learned counsel for the State contends that the fact that
Adil ·Shah asserted a prior title may have been one of the reasons
for the restoration of the zamindari, but it was in essence a new
grant made
on political considerations.
He further points out
B
c
D
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F
G
H
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U.P. STATE V, RAJA ANAND (Sikri, J.)
371
that conditions are also laid down in the Sanad. Adil Shah was
enjoined to make arrangements regarding cultivation and population of the pargana and had to obey the directions of the revenue
officer and Raja Mohit Narain Bahadur in this hehalf.
As stated by this Court in Thakur Amar Singhji v. State of"
Rajasthan(1) "we do not find any sufficient ground for putting·
a restricted meaning on the word 'Jagir' in Art. 31A. At the time.
of the enactment of that Article the word had nearly acquired
both in popular usage and legislative practice a wide connotation,
and it will be
in accord with sound ·canons of interpretation to.
ascribe that connotation to that word rather than an archaic mean-·
ing to be gathered from a study of ancient tenures."
An inam is explained in Wilsons' Glossary thus :
"A gift, a benefication in general, a gift by a superior to
an inferior. In India, and especlMly in the south, and
amongst the Marathas, the term was especially applied to
grants ofland held rent-free, and in hereditary and perpetual
occupation; the tenure came in time to be qualified by the
reservation of a portion of the assessable revenue, or by the
exaction of all proceeds exceeding the intended value of the
original assignment; the term was also vaguely applied to
grants of rent free land, without reference to perpetuity or
any specified conditions. The grants are also distinguishable by their origin from the ruling authorities, or from the
village communities and are again distinguishable
by
peculiar reservations, or by their being applicable to different objects."
In our opinion a grant by the British of lands for services.
rendered to them would be a grant falling within cl. a(i).
It seems to us that on the facts of the case the grant was in the·
nature of a grant similar to a Jagir oc inam. The fact that Balwant
Singh and Chet Smgh held possession of this Pargana for 40 years.
cannot be ignored. This shows that to all intents and purposes
Adil Shah had lost the pargana and it was in effect a fresh grant
in the nature of Jagir or inam for services rendered to the British.
Adil Shah's assertion to title had not been verified.
Although
it may be one of the reasons for the grant, it is clear that if it had
not been for the grant and its enforcement by the British troops.
Adil Shah would not have been able to recover the possession of the
Pargana. His title to the pargana would rest on the grant and not
the alleged previous title.
If it is held, as .ve do hold, that the area in dispute is a grant
in the nature of Jagir or inam and consequently an estate withij).
(I} [1955J2 S.C R. 303.
372
SUPREME COURT REPORTS
[1967] 1 S.C.R.
Art. 31A(2), the impugned Act can claim the protection of Art. 31A.
The notifications dated June 30, 1953, and July 1953, must therefore
be upheld.
Mr. A. K. Sen further urges that the acquisition of the estate
was not for the purposes of agrarian reforms because hundreds
of square 'miles of forest are sought to be acquired.
But as we
have held that the area in dispute is a grant in the nature of Jagir or
inam, its acquisjtion like the acquisition of all Jagirs, inams, or
·similar grants, was a necessary step in the implementation of the
.agrarian reforms and was clearly contemplated in art. 31 A.
In this
view it is not necessary to decide whether the area
in dispute is a Mahal or covered by s. 3(8) of the Reforms Act as it
existed in 1958 or earlier or any other question which was raised
before us.
~
In the result the appeals filed by the State arc accepted, the
appeal filed by the petitioner Raja is dismissed and the petition
under Art. 226 filed by the Raja is dismissed. Jn the circumstances
of the case there will be no order as to costs.
V.P.S.
Appeals Nos. 653 and 654 allowed
Appeal No.
655 ..... . dismissed
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