BIRENDRA PRATAP SINGH AND ANOTHER vs GULWANT SINGH AND OTHERS

The Supreme Court ruled that the appellants could not claim Sirdar status under Section 19(vii) of the U.P. Zamindari Abolition and Land Reforms Act, 1950, as their sub-tenancy did not commence until 1st July 1947, after the relevant provisions of the U.P. Act X of 1947 came into force. The Court held that Section 295A of the U.P. Tenancy Act, 1939, was not applicable to the appellants since they were not sub-tenants on the date of commencement of the Act. Consequently, the appellants' possession post-30th June 1951 was not lawful under the Act, affirming the High Court's decision to set aside the Trial Court's decree in favor of the appellants.