1989 ALL. L. J. 1192 ::1989 All CJ 538 ::(1989) 2 All WC 1172 ::(1990) 16 All LR 17 ::1989 (4) SCC 574 ::(1989) 3 JT 709 (SC)

Supreme Court Of India

(From : Allahabad)

Hon'ble Judge(s): M. H. Kania, S. Ranganathan , JJ

U.P. Zamindari Abolition and Land Reforms Act (1 of 1951) , S.20(b), S.232— Adhivasi right - Conferment under S. 20(b) - Entry in Khasra or Khatauni of Fasli Year 1356 determines right - Entry which is fictitious or made surreptitiously will have no legal effect - However, mere incorrect entry does not cease to be entry. Tenancy Laws - Adivasi Rights - Entry in Khasra and Khatauni. Section 20 deals with the question as to who is entitled to take or retain possession of the land in question. The plain language of Cl.(i) of sub-sec. (b) of S. 20 suggests that this question has to be determined on the basis of the entry in the Khasra or Khatauni of 1356 Fasli Year prepared under Ss. 28 and 33 respectively of the U.P. Land Revenue Act, 1901. An analysis of the said section shows that under sub-sec.(b) of S. 20 the entry in the Khasra or Khatauni of the Fasli Year 1356 shall determine the question as to the person who is entitled to take or retain possession of the land. It is, of course, true that if the entry is fictitious or is found to have been made surreptitiously then it can have no legal effect as it can be regarded as no entry in law but merely because an entry is made incorrectly that would not lead to the conclusion that it ceases to be an entry. It is possible that the said entry may be set aside in appropriate proceedings but once the ....