AIR 1994 SUPREME COURT 2755 ::1994 AIR SCW 2872 ::1994 ALL. L. J. 1133 ::(1994) RevDec 306 ::1994 (4) SCC 589 ::(1995) 1 IJR 151 (SC) ::(1994) 3 SCR 814 (SC) ::1994 (3) SCR 814 ::(1994) 3 JT 486 (SC) ::1994 (3) JT 486

Supreme Court Of India

(From : Allahabad)

Hon'ble Judge(s): K. Ramaswamy, N. Venkatachala , JJ

Uttar Pradesh Zamindari Abolition and Land Reforms Act (1 of 1951) , S.20(b), S.21(1)(h)— "Adhivasis" - Widow giving away her Sir lands to "thekadar" under "the kanama" - Thekadar leasing out said lands to tenants - Receiving rent from tenants - Becoming land - holder in respect of said lands - Widow disabled person, cannot continue as landholder in respect of said lands - Tenants would be "Adhivasis" in respect of said lands. Decision of Allahabad High Court in Spl. Appeals Nos. 948-49 of 1967, D/- 8-12-1972, Reversed. The land-holder referred to in clause (h) of section 21 (1) of the UPZA and LR Act can only be 'thekader' even where he had leased Sir lands of his proprietor, because of his entitlement to receive rents from the tenants of such lands. Such being the legal position of a 'thekadar', question of regarding a widow who had given away her Sir lands to a 'thekadar' under 'thekanama' executed by her conferring full authority on the 'thekadar' to lease to tenants such lands and to receive rents payable for them from the tenants, as a land-holder of such lands can never arise. Moreover, when 'thekadar' becomes a land-holder in respect of such Sir lands leased out to tenants as 'thekadar', question of a proprietor continuing as their land-holder also cannot arise. Therefore, in the instant case, when in respect of the agricultural lands....