In Brief
A Sirdar (Pursottam) applied for Bhumidhari rights under the U.P. Zamindari Abolition and Land Reforms Act on 25.11.1974, immediately executing a sale deed. He died before the certificate was issued for two plots but after for a third. The question was whether Bhumidhari rights relate back to the date of application and deposit, validating the sale deed, and whether a pending rejection-appeal could be revived by a 1977 statutory amendment. The Supreme Court held: (1) For the plot where Sanad was granted, the certificate relates back to the application date, validating the sale deed, even though the applicant died before issuance. (2) For the two plots where the application was rejected and revision was pending, the 1977 Ordinance abated the proceedings and terminated the claim; only those who were Sirdars on 28.01.1977 benefit from the statutory grant. Since Pursottam had died by then, his heirs could not claim through the Ordinance. The appeal was partly allowed.
The lawyer headnote and full judgment text are available to registered users.