NDLI: Jai Dutt Vs. State of U.p. & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	1939 U.P. Land (Eviction and Recovery of Rent & Damages) Act 1959 U.P. Tenancy Act
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	United Provinces Tenancy Act, 1939 (17 of 1939) U.p. Public Land (eviction and Recovery of Rent and Damages) Act, 1959 (4 of 1959)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	U.P. Land (Eviction and Recovery of Rent & Damages) Act, 1959, s. 3(1) and U.P. Tenancy Act, 1939 s. 180(2) - Scope of - Appellant remained in occupation of banjar (barren) land for twelve years - Claimed ownership of land - No documentary evidence or rent receipts produced - Failure to take proceedings to evict - If would confer title on trespasser - Land lying banjar - Lawful ownership lies with State. A notice under s. 3(1) of the U.P. Land (Eviction and Recovery of Rent and Damages) Act, 1959 was issued by the Public Authority to the appellant on the ground that he was in unauthorised occupation of public land. The Public Authority rejected the appellant's claim that since he was in possession of the land for more than 12 years, he had acquired rights of a hereditary tenant under s. 180(2) of the U.P. Tenancy Act, 1939. The appellant failed in bis appeal to the District Judge and his writ petition under Art. 226 was rejected by the High Court. In appeal to this Court it was contended that the appellant had become a hereditary tenant under s. 180(2) of the Tenancy Act by reason of the fact that he had been in cultivatory possession of the land for a number of years and no steps had been taken to evict him within two years of his entry into possession of the land, (2) that since he had been paying rent to the Government he was not in unauthorised occupation of the land and (3) failure of the Public Authority to refer the dispute to a Civil Judge under Section 7 of the Act vitiated the order of eviction.
Judge	Hon'ble Mr. Justice R.S. Sarkaria
Neutral Citation	1978 INSC 216
Petitioner	Jai Dutt
Respondent	State Of U.p. & Ors.
SCR	[1979] 2 S.C.R. 175
Judgement Date	1978-10-26
Case Number	484

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