In Brief
Rakesh, an appellant, challenged a High Court judgment that partly allowed writ petitions concerning Bhumidhari land rights under U.P. agricultural tenancy law. A Sirdar named Pursottam had deposited 20 times land revenue and applied for Bhumidhari status in 1974, then sold his plots. He died before one certificate was issued and another application was rejected. The High Court allowed the buyer's suit for one plot (which obtained a certificate) but also decreed the suit for two plots (whose applications were rejected and pending revision). The Supreme Court held that while a certificate relates back to the application date, allowing a sale deed executed between deposit and certificate grant, the 1977 Amendment Act that statutorily granted Bhumidhari rights abated all pending proceedings. Since Pursottam had died before the Amendment, and his revision was abated, he could not benefit retroactively, and the suit for the two plots was wrongly decreed by the High Court and was dismissed. The appeal was partly allowed.
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