AIR 1966 ALLAHABAD 356 ::1966 ALL. L. J. 826

Allahabad High Court

Hon'ble Judge(s): M. C. Desai , C.J. AND K. N. Sharma, G. D. Sahgal , JJ

Tenancy Laws - U.P., Zamindari Abolition and Land Reforms Act (1 of 1951), S.20(b) "Recorded as occupants" import of - Entry in Col No. 6 of Khasra in 1356 Fasli - Effect - Person becomes Adhivasi of the lands - Proof of actual possession in 1356 not necessary for acquiring rights under the provision Clauses (b)(i) and (b)(ii) of S. 20 of the U. P. Z. A. L. R. Act merely require entry of a person's name as occupant in the Khasra or khatauni of 1956 Fasli and not proof of actual possession in the year 1356 Fasli. Though the terra 'occupant' means a person in possession or actual enjoyment, enquiries are not to be made as to disputed possession. The person who is to be found in the year 1356 Fasli "recorded as occupant" has to be treated as one in actual enjoyment. The adhivasi rights were created as from the coming into force of the U.P. Zamindari Abolition and Laud Reforms Act which came into force from July 1, 1952 or 1360 Fasli. The entry in this case is to be found in column 6. Under the Land Records Manual, paragraph 87(i) as it stood in the year 1356 Fasli, column No. 5, though it is generally described as a sub-tenant's column does not contain entries relating only to sub-tenants; there may be entries in this column of occupiers of land without consent of the person whose name is entered in column 5 of the Khasra. ....