AI Drafter 
TaxTMI 
TaxTMI 
1973 (3) TMI 140
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.... was let to Bateshwar Dayal. The lease was granted "for the purpose of planting a grove, erecting buildings and digging wells etc." The yearly rent was fixed at Rs. 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 agreem....
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....is expedient to provide for the abolition of Zamindari 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 GBP 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. ....
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....) subject to the provisions of Section 16 and 18- (a) all lands in an agricultural area- (i) in possession of, or held or deemed to 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 i....
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....ce of land in a mahal or mahals having trees planted thereon in such numbers that they preclude, or when full grown will preclude the land or any considerable portion thereof from being used primarily for any other purpose, and the trees on such land constitute a grove." Section 2(7) GBP 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 Constitutio....
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....rter Oxford Dictionary, 3rd Edn. Vol. I, p.37). So, ordinarily "agricultural area" would mean an area used for cultivation or farming. Section 2(1) 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 ....
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....2(1) was incorporated in the amended Bill by the Joint Select Committee. It read as follows : held on a lease duly executed before the first day 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 conclus....