Case: Fateh Singh and Another Etc Vs. Sewa Ram and Others Etc

the mortgagee when he submitted that the owners became Bhumidhars of the land under the provisions of s. 15 (2) of the Act. It is common ground that before the commencement of the Delhi Land Reforms Act, the mortgagee Ram Swarup had let the land in question to one Inder Singh and he in turn had sub-let the land to the first respondent Sewa Ram and he was in possession of the same on the date of commencement of that Act. Therefore, the appellants in C.A.1195 of 1970 as owners could not have become Bhumidhars in respect of that portion. If they had obtained any such declaration under s. 15 (2) of the Delhi Land Reforms Act, it could have been only b y misleading the Court to believe that the said portion was under the personal cultivation of the mortgagee and not in the possession of any tenant under the mortgage or his sub-tenant. The argument of Mr. Datta also overlooks the provisions of sub-section (4) of s. 15 which states that where any portion of the mortgaged land has been let out to tenants they shall be declared as Bhumidhars of the area let out to them. Therefore, the appellants in C.A. 1195 of 1970 could not in law have been declared as Bhumidhars under s. 15 (2) of the Delhi Land Reforms Act when that land was admittedly under the cultivation of the first respondent Sewa Ram as sub-tenant under the mortgagees tenant. Section 13 (1) of the Delhi Land Reforms Act lay s down that on the commencement of that Act, the Deputy Commissioner shall declare certain classes of tenants as Bhumidhars who shall, with effect from the same date, have all the rights and be subject to all the liabilities conferred or imposed upon Bhumidhars under that Act. An occupancy tenant, except a tenant under s. 5 of the Punjab Tenancy Act, 1887, and a non-occupancy tenant who pays rent at the revenue rates with or without Malikhana are two of the categories of tenants mentioned in s. 13 (1) of the Act. It has been contended before us by the learned counsel for the appellants in both the appeals that the first respondent Sewa Ram would not fall under any of these two categories of tenants or that any distinction has been made in the Delhi Land Reforms Act between a tenant and a sub-tenant. Therefore, there could be no doubt that the first respondent Sewa Ram would have acquired bhumidhari rights under s. 13 (1) of the Act on the date of its commencement. Section 15 (2) of the Act was no doubt substituted by s. 7 of the Central Act IV of 1959 for the original sub-section. It has not, however, been contended before us that sub-section (4), as substituted, will not have effect from the date of commencement of the principal Act, namely, 20.7.1954. Section 13 (2) of the Act says that "every person, who after the commencement of this Act is admitted to land as Bhumidhar or who acquires Bhumidhari rights under any provisions of this Act, shall have all the rights and be subject to all the liabilities conferred or imposed upon Bhumidhars under this Act with effect from the date of admission or acquisition, as the case may be". The present case before us is one of the tenant acquiring bhumidhari rights under the Act on the date of its commencement and not of his being admitted to Bhumidhari rights after the date of commencement of the Act. Merely because there was some delay in the Deputy Commissioner or Revenue Assistant declaring a tenant as Bhumidhar under the provisions of the Act or because there is no such declaration at all the tenant entitled to acquire such rights under the Act from the date of its commencement cannot be said to have not acquired those rights having regard to the words of s. 13 (2) of the Act which says that any person who acquires bhumidhari rights under any provisions of this Act shall have all the rights and shall be subject to all the liabilities conferred or imposed upon Bhumidhars under this Act with effect from the date of acquisition of those rights. Sub-sections (2) and (4) of s. 15 cast an obligation on the Deputy Commissioner to declare as Bhumidhars persons who have become entitled to that right under the provisions of the Act by admission or acquisition under the provisions of the Act as Bhumidhars. In these circumstances, it is not possible to accept the contention of Mr. Datta that the appellants in C.A . 1195 who were owners, have become Bhumidhars by reason of redemption of the mortgage under the provisions of s. 15 (1) of the Act and that the first respondent Sewa Ram will not be entitled to the Bhumidhars portion of the compensation.Mr. M.S. Gujral, Senior Counsel appearing for the appellants in C.A. 1780 of 1970 submitted that Inder Singh and Bhagwati Prasad alone has received the sum of Rs. 29, 774.07 and, therefore, they alone should be made liable to pay that amount to the first respondent if the appellants fail to succeed in these appeals. Inder Singh is the third respondent in C.A. 1195 of 1970 and the first appellant in C.A. 1780 of 1970. Bhagwati Prasad is the second appellant in C.A. 1195 of 1970, and fourth respondent in C.A. 1780 of 1970. They were respondents 2 and 4 in LPA 103 of 1960. There is no doubt an admission of these two persons that in a partition the portion which was under the cultivation of the first respondent Sewa Ram had been allotted to their share and that consequently they alone had received the compensation of Rs. 29, 774.07. But that is a matter between the appellants in these appeals and those two persons Inder Singh and Bhagwati Prasad. It cannot bind the first respondent Sewa Ram. Therefore, the request of Mr. Gujaral cannot be complied with.

Decision (1 = appeal accepted, 0 = rejected): 0

Explanation:
0[ds]The argument of Mr. Datta overlooks the important part of s. 15(2) of the Delhi Land Reforms Act which says that the mortgagor shall be declared as Bhumidhar only in respect of the mortgaged area which was in the personal cultivation of the mortgagee when he submitted that the owners became Bhumidhars of the land under the provisions of s. 15 (2) of the Act. It is common ground that before the commencement of the Delhi Land Reforms Act, the mortgagee Ram Swarup had let the land in question to one Inder Singh and he in turn had sub-let the land to the first respondent Sewa Ram and he was in possession of the same on the date of commencement of that Act. Therefore, the appellants in C.A.1195 of 1970 as owners could not have become Bhumidhars in respect of that portion. If they had obtained any such declaration under s. 15 (2) of the Delhi Land Reforms Act, it could have been only b y misleading the Court to believe that the said portion was under the personal cultivation of the mortgagee and not in the possession of any tenant under the mortgage or his sub-tenant. The argument of Mr. Datta also overlooks the provisions of sub-section (4) of s. 15 which states that where any portion of the mortgaged land has been let out to tenants they shall be declared as Bhumidhars of the area let out to them. Therefore, the appellants in C.A. 1195 of 1970 could not in law have been declared as Bhumidhars under s. 15 (2) of the Delhi Land Reforms Act when that land was admittedly under the cultivation of the first respondent Sewa Ram as sub-tenant under the mortgagees tenant. Section 13 (1) of the Delhi Land Reforms Act lay s down that on the commencement of that Act, the Deputy Commissioner shall declare certain classes of tenants as Bhumidhars who shall, with effect from the same date, have all the rights and be subject to all the liabilities conferred or imposed upon Bhumidhars under that Act. An occupancy tenant, except a tenant under s. 5 ofthe Punjab Tenancy Act, 1887, and a non-occupancy tenant who pays rent at the revenue rates with or without Malikhana are two of the categories of tenants mentioned in s. 13 (1) of the Act. It has been contended before us by the learned counsel for the appellants in both the appeals that the first respondent Sewa Ram would not fall under any of these two categories of tenants or that any distinction has been made in the Delhi Land Reforms Act between a tenant and a sub-tenant. Therefore, there could be no doubt that the first respondent Sewa Ram would have acquired bhumidhari rights under s. 13 (1) of the Act on the date of its commencement. Section 15 (2) of the Act was no doubt substituted by s. 7 of the Central Act IV of 1959 for the original sub-section. It has not, however, been contended before us that sub-section (4), as substituted, will not have effect from the date of commencement of the principal Act, namely, 20.7.1954. Section 13 (2) of the Act says that "every person, who after the commencement of this Act is admitted to land as Bhumidhar or who acquires Bhumidhari rights under any provisions of this Act, shall have all the rights and be subject to all the liabilities conferred or imposed upon Bhumidhars under this Act with effect from the date of admission or acquisition, as the case may be". The present case before us is one of the tenant acquiring bhumidhari rights under the Act on the date of its commencement and not of his being admitted to Bhumidhari rights after the date of commencement of the Act. Merely because there was some delay in the Deputy Commissioner or Revenue Assistant declaring a tenant as Bhumidhar under the provisions of the Act or because there is no such declaration at all the tenant entitled to acquire such rights under the Act from the date of its commencement cannot be said to have not acquired those rights having regard to the words of s. 13 (2) of the Act which says that any person who acquires bhumidhari rights under any provisions of this Act shall have all the rights and shall be subject to all the liabilities conferred or imposed upon Bhumidhars under this Act with effect from the date of acquisition of those rights. Sub-sections (2) and (4) of s. 15 cast an obligation on the Deputy Commissioner to declare as Bhumidhars persons who have become entitled to that right under the provisions of the Act by admission or acquisition under the provisions of the Act as Bhumidhars. In these circumstances, it is not possible to accept the contention of Mr. Datta that the appellants in C.A . 1195 who were owners, have become Bhumidhars by reason of redemption of the mortgage under the provisions of s. 15 (1) of the Act and that the first respondent Sewa Ram will not be entitled to the Bhumidhars portion of the compensation.Mr. M.S. Gujral, Senior Counsel appearing for the appellants in C.A. 1780 of 1970 submitted that Inder Singh and Bhagwati Prasad alone has received the sum of Rs. 29, 774.07 and, therefore, they alone should be made liable to pay that amount to the first respondent if the appellants fail to succeed in these appeals. Inder Singh is the third respondent in C.A. 1195 of 1970 and the first appellant in C.A. 1780 of 1970. Bhagwati Prasad is the second appellant in C.A. 1195 of 1970, and fourth respondent in C.A. 1780 of 1970. They were respondents 2 and 4 in LPA 103 of 1960. There is no doubt an admission of these two persons that in a partition the portion which was under the cultivation of the first respondent Sewa Ram had been allotted to their share and that consequently they alone had received the compensation of Rs. 29, 774.07. But that is a matter between the appellants in these appeals and those two persons Inder Singh and Bhagwati Prasad. It cannot bind the first respondent Sewa Ram. Therefore, the request of Mr. Gujaral cannot be complied with.