Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Limitation suit for recovery of possession after redemption of mortgage Land Reform Vesting of estates in the State |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Land Reform—Suit for recovery of possession after redemption of mortgage—Limitation—Vesting of estates in the State—Subsisting title to possession, if confers right to recover possession—Bihar Land Reforms Act, 1950 (Bihar XXX of 1950), 88. 2(k) 3(1), 4(a), 4(f), 6(1) (a) (6): (c):The plaintiff-respondents sued the appellants for recovery of possession of the lands in dispute. The appellants had entered into possession of the lands on the strength of a mortgage deed. The mortgagors executed another mortgage with respect to their milkiat interest in favour of certain persons, The plaintiff-respondents bought the milkiat rights shares together with the kasht lands from the mortgagor and entered into possession of the milkiat property and subsequently redeemed the mortgage deeds in 1943. The appellants however did not make over possession of the lands in dispute after the mortgages had been redeemed. The trial court found that the plaintiff-respondents had no subsisting title to the lands and that the suit was barred by adverse possession and limitation. The High Court, on appeal filed by the plaintiff-respondents, allowed the appeal on the ground that the defendant-appellants were in possession only as mortgagees and that after the redemption of the mortgage they had no right to continue in possession. The appellants than appealed to the Supreme Court by certificate granted by the High Court. Apart from the questions of estoppel and limitation by adverse possession the main point which was raised in the appeal was that the plaintiff-respondent had no subsisting title to evict the appellant in view of the provisions of the Bihar Land Reforms Act, 1950. Held, that the suit was instituted within twelve years of the redemption of the mortgage deed and was not there- fore barred by limitation. Section 4 of the Act vests in the State ali the interests of the proprietor or tenure-holder, including the right to recover possession from the trespasser, except those interests which are expressly saved by the Act. Since no mortgage subsisted on the date cf the vesting in the State the respon- dent could not take advantage of s. 6(1) ,c) of the Act (as amended by Act XVI of 1959). The mere fact that a proprietor had a subsisting title to possession over certain land on the date of vesting would not make that land under his ‘Khas Possession’. The respondents lost their right to recover possession from the appellants even if they were trespassers, on their estate vesting in the State. |
Judge | Hon'ble Mr. Justice Raghubar Dayal |
Neutral Citation | 1962 INSC 211 |
Petitioner | Surajnath Ahir And Others |
Respondent | Prithinath Singh And Others |
SCR | [1963] 3 S.C.R. 290 |
Judgement Date | 1962-05-04 |
Case Number | 533 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
Sl. | Authority | Responsibilities | Communication Details |
---|---|---|---|
1 | Ministry of Education (GoI), Department of Higher Education |
Sanctioning Authority | https://www.education.gov.in/ict-initiatives |
2 | Indian Institute of Technology Kharagpur | Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project | https://www.iitkgp.ac.in |
3 | National Digital Library of India Office, Indian Institute of Technology Kharagpur | The administrative and infrastructural headquarters of the project | Dr. B. Sutradhar bsutra@ndl.gov.in |
4 | Project PI / Joint PI | Principal Investigator and Joint Principal Investigators of the project |
Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon |
5 | Website/Portal (Helpdesk) | Queries regarding NDLI and its services | support@ndl.gov.in |
6 | Contents and Copyright Issues | Queries related to content curation and copyright issues | content@ndl.gov.in |
7 | National Digital Library of India Club (NDLI Club) | Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach | clubsupport@ndl.gov.in |
8 | Digital Preservation Centre (DPC) | Assistance with digitizing and archiving copyright-free printed books | dpc@ndl.gov.in |
9 | IDR Setup or Support | Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops | idr@ndl.gov.in |