Bhumidari rights created on vesting are not saleable in mortgage execution; mortgagee is limited to compensation money.

Bhumidari rights created under section 18 of the U.P. Zamindari Abolition and Land Reforms Act were treated as a fresh statutory tenure, not a continuation of the intermediary's old proprietary interest. Because the proprietary estate had vested in the State and the scheme of vesting and compensation extinguished the prior interest, the mortgagee's remedy was confined to the compensation payable for the vested rights. The mortgagee could not proceed against the newly created bhumidari rights in execution of the mortgage decree, and reliance on the U.P. Zamindars Debt Reduction Act did not change that position.

---

---

Issues: Whether the bhumidari rights created under section 18 of the U.P. Zamindari Abolition and Land Reforms Act, 1950 could be sold in execution of the mortgage decree, or whether the mortgagee was confined to proceeding only against the compensation payable for the vested proprietary rights.

Analysis: The proprietary rights in the estate vested in the State under section 4 read with section 6(a)(i) of the Act. Section 9 expressly saved wells in abadi, trees in abadi, and buildings, but section 18 did not preserve sir, khudkashat, or grove land as continuing proprietary rights of the intermediary. On the contrary, section 18 created a fresh tenure by deeming such lands settled with the intermediary as bhumidar. The scheme of vesting and compensation, including sections 39 and 44, showed that the old proprietary interest had been extinguished and replaced by a new statutory right. Section 6(h), read with section 73(2) of the Transfer of Property Act, 1882, confined the mortgagee, in respect of property vested in the State, to the compensation amount and not to the newly created bhumidari rights. The reliance on the U.P. Zamindars Debt Reduction Act, No. XV of 1953 did not alter this position.

Conclusion: The bhumidari rights under section 18 could not be sold in execution of the mortgage decree, and the mortgagee was limited to claiming against the compensation money.

---