Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Bhopal State Land Revenue Act 1932 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Madhya Pradesh Land Revenue Code, 1959 (20 of 1959) Bhopal State Land Revenue Act, 1932 (4 of 1932) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Bhopal State Land Revenue Act, 1932, S. 2(15), ''occupant", whether includes Muafidars landlords. Madhya Pradesh Land Revenue Code, 1959, Ss. 185(1)(iv) (b) and 190, effect on Shikmis.The appellant was a Muafidar of the disputed land, in the erstwhile Bhopal State, while the first respondent cultivated the said lands as his tenant. When the M. P. L R. Code, 1959, came into force, the first respondent claimed that the appellant, as the occupant of the lands within the meaning of S. 2(15) of the Bhopal State Revenue Act, 1932, had become a Bhumiswami u/s 158(C) of the Code of 1959, while he himself had become an occupancy tenant u/s 185( 1) (iv) (b) and as such, was entitled to conferment of Bhumi-swami rights u/s 190 of the same Code. He applied to the Tahsildar, Huzur, for mutation of his name as a Bhumiswami in the Revenue records, and was directed to deposit compensation equivalent to 15 times of the land revenue. Thereafter his name was recorded as a Bhumiswami of the holdings, on the deposit of the compensation money. The Muafidar appellant's appeal to the Sub-Divisional Officer, against the Tahsildar's order, and a second appeal to the Additional Commissioner, were dismissed, but the Board of Revenue allowed his revision application, holding that he was not an occupant within the meaning of S. 2(15) of the Bhopal Act of 1932, and that consequently the first respondent was neither a Shikmi, nor did he become an occupancy tenant under the M.P. Code of 1959, and therefore, conferment of Bhumiswami rights on him was erroneous in law. The first respondent filed a writ petition against the Revenue Board's Order, which was allowed by the High Court. |
Judge | Hon'ble Mr. Justice N.L. Untwalia |
Neutral Citation | 1978 INSC 159 |
Petitioner | Maulana Shamsuddin |
Respondent | Khushi Lal And Ors. |
SCR | [1979] 1 S.C.R. 582 |
Judgement Date | 1978-09-08 |
Case Number | 2295 |
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