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TMI Blog1973 (3) TMI 140X X X X Extracts X X X X X X X X Extracts X X X X ..... for the purpose of planting a grove, erecting buildings and digging wells etc. The yearly rent was fixed at ₹ 12/8/-. The lease was a for a terms of 30 years with effect from June 1, 1926. The lessee agreed to surrender the land and all buildings standing thereon to the lessor on the expiry of the period of lease. The buildings would become the property of the lessor. He would have them without paying any compensation to the lessee. The lessor agreed that on the expiration of the period of lease he would at the request of the lessee grant to the lessee a new lease for another term of 30 years. 3. The initial period of 30 years expired on July 1, 1956. Thereupon the trust instituted suit No. 690 of 1956 for recovery of possession over the aforesaid land from Bateshwar Dayal. During pendency of this suit Bateshwar Dayal died on March 6, 1958. The suit was dismissed by the trial court on October 24, 1958. It was, however, decreed by the first appellate court on November 30, 1959. The appellate court granted six months' time to the defendants to institute a suit in the appropriate court for specific performance of the agreement to re-let for another term of 30 years. 4 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... indari system in agricultural areas situate in urban areas in Uttar Pradesh and for the acquisition of the rights, title and interest of intermediaries between the tiller of the soil and the State in such areas and for the introduction of the land reforms therein. Section 2 in the definition clause, Sub-section (1) of it defines the expression agricultural area . As this provision is important for this case, we are setting out its relevant portion. Agricultural area as respects any urban area means an area which, with reference to such date as the State Government may notify in that behalf, is- (a) in the possession of or held or deemed to be held by an intermediary as sir, khudkasht or an intermediary's grove; (b) held as a grove by or in the personal cultivation of a permanent lessee in Avadh; or (c) included in the holding of- (i) a fixed-rate tenant, (ii) an ex-proprietary tenant, (iii) an occupancy tenant, (iv) a tenant holding on special terms in Avadh. (v) a rent-free grantee, (vi) a grantee at a favourable rate of rent. (vii) a hereditary tenant, (viii) a grove-holder, (ix) a sub-tenant referred to in Sub-section (4) of Section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o be held by an intermediary as Sir, khudkasht or an intermediary's grove, (ii)held as a grove by, or in the personal cultivation of a permanent lessee in Avadh, (iii) held 'by a fixed-rate tenant or a rent- free as such, or (iv)held as such by- (i) an occupancy tenant, (ii) a hereditary tenant, (iii)a tenant on patta dawami or istamrari or (iv) held by a grove-holder (1) an occupancy tenant possessing the right (ii) a hereditary tenant to transfer (iii) a tenant on patta the holding by sale. dawami or istamarari on the date immediately preceding the date of vesting, and (b) all lands in an agricultural area held on lease duly made before the first day of July, 1955, for the purpose of erecting building thereon, shall be deemed to be settled by the State Government with such intermediary, lessee, tenant, grantee or grove holder, as the case may be, who shall subject to the provisions of this Act, be entitled to take or retain possession as a bhumidhar thereof. 12. Section 19(j) provides that notwithstanding anything contained in the Act, every person who, on the date immediately preceding the date of vesting occupied or held land in an agricultural area as a sub-lessee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... considerable portion thereof from being used primarily for any other purpose, and the trees on such land constitute a grove. Section 2(7) defines the word holding . It means a parcel or parcels of land held under one lease. Section 2(10) defines the word land as meaning land which is let or held for growing of crops, or as grove-land or for pasturage. It does not include land for the time being occupied by buildings or appurtenant thereto other than the buildings which are improvements. The word grove-holder is defined in Section 205 of the said Act. A person who has planted a grove on land which was let or granted to him by a landlord for the purpose of planting a grove is called a grove-holder of the grove. 16. The first argument of Shri Garg is that the lease involved in these cases was a lease for the purpose of erecting buildings and that accordingly it falls within the purview of Clause (d) of Sub-section (1) of Section 2 of the Act. It is urged that Clause (d) is violative of Articles 14, 19 and 31 of the Constitution and is invalid. On that premise being correct, it is further said that the land in dispute will not be an agricultural area within the meaning of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... includes groves also. Clause (d) should take its colour from this inherent meaning of agricultural area which is being defined in Section 2(1). 20. Section 17(1) confers bhumidhari rights on certain classes of persons over certain kinds of lands. Section 17(1) has two Clauses (a) and (b). Lands specified in Clause (a) are used for growing crops or as a grove. It is significant to observe the difference between the language of Section 2(l)(d) and Section 7(l)(b). While Section 2(1)(d) refers to agricultural area , Section 17(1)(b) is expressly limited to lands in agricultural area held on lease...for the purpose of erecting buildings thereon. As the subject matter of Section 2(1)(d) and Section 17(1)(b) should be identical, it appears to us that the expression agricultural area in Section 2(1)(d) should be construed as lands in agricultural area . If the definition of land in the U.P. Tenancy Act is applied to Section 7(l), as it should be, Section 17(1)(b) will confer bhumidhari rights on a lessee of land which is used for growing crops or as a grove or as a pasture land although the lease may have been granted for erecting buildings. The marginal note to the section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of July, 1955 for the purpose of erecting buildings thereon, but which is being used for the purposes of agriculture either by the holder thereof or by any person claiming under him. Clause (d) was passed in this form by the Legislative Assembly on December 3, 1956. The Bill then went to the Legislative Council. But before reaching there it was pruned by the Secretary of the Assembly. He deleted the last part of Clause (d) as passed by the Legislative Assembly. The Legislative Council passed Clause (d) as pruned by the Legislative Secretary. Thereafter the Bill received the assent of the Governor and of the President. It seems that the Secretary thought that the deleted portion of Clause (d) was redundant; and so he eliminated it. In Durga Prasad versus Board of Revenue U.P. Allahabad and Ors. AIR1970All159 , the Allahabad High Court has pointed out this history of Clause (d). The High Court has taken the view that Section 2(l)(d) is limited to lands which are being used for agricultural purposes. We have come to the same conclusion though for different reasons. 25. On this construction of Section 2(l)(d) it cannot be said that this provision is not connected with agricultural ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Government did not reply to the allegations in the petition. Accordingly, it is not possible to express any concluded opinion on the question whether the land in dispute was an agricultural area on the date specified under Section 2(1) and was being used for horticulture. The issue should now be decided afresh try the appropriate authority under the Act. 28. In the result, we allow the writ petition and quash the Government notification under Section 8 of the Act, dated June 16, 1964 with respect to the land in dispute. We direct the Government to proceed afresh with respect to the land in dispute in accordance with Sections 3, 4, 5 and 8 of the Act. If it is found in the course of enquiry under Sections 3, 4, and 5 that the land in dispute was an agricultural area and was being used for agriculture or horticulture on the relevant date, it will be open to the Government to issue a notification with respect to it under Section 8. If, on the other hand, it is found in that enquiry that it was not an agricultural-area on the said date, no notification under Section 8 should be issued with respect to it. The appeals are also allowed. The orders of the High Court abating the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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