Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | land revenue |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Madhya Pradesh Land Revenue Code, 1959-Sections 2,237, 248(I) read with Section 13, Kawaid Maufidaran of Gwalior State-Maufi land-Control of Aukaf Deptt. of Government-Mutation of land in the name of Maufidar (Pujari of the temple}-Whether Pujari can lease out-Whether lessee acquired Bhumiswami rights on the commencement of the Code-Possession of land by the lessee whether authorised-Ejection of lessee-Validity of Constitution of India, 1950-Article 226-Writ petition under pendency-Death of lessee-Effect of Constitution of India, 1950-Article 136-Appeal-Appreciation of evidence-Legal heirs of lessee not cultivated the maufi land-Direction to Govt. to determine whether permission to be given for cultivation. The ruler of the former Gwalior State by way of maufi gave 78 Bighas 17 Biswas of agricultural land to a temple of Shri Ram Janakiji. The father of respondent no.1. was the Pujari of the temple and he was described as the Maufidar in the revenue records. The maufi grant was revoked and the maufi land was handed over to the Department of Aukaf as Government property vide Circular dated August 13, 1934 of the Government of Gwalior State. Mutation was made of the agricultural land as Government property and its management was handed over to the Pujari, the father of respondent No.1. On the death of the Pujari, his son, the respondent No.1's name was mutated by the Collector's order dated March 26, 1960. Out of the agricultural land, 19 Bighas 8 Biswas was given by the father of respondent No.1 to one Malkhan, the predecessor of the appellants for cultivation and he continued to cultivate the same even after the death of respondent No.1's father. In 1967, respondent no.1 moved an application under section 248(1) of the Madhya Pradesh Land Revenue Code, 1959 before the Tehsildar for eviction of the predecessor of the appellants, Malkhan, alleging that he was in unauthorised possession of the land measuring 19 Bighas 8 Biswas. The Tehsildar initially passed an order for ejectment against Malkhan treating him as a trespasser. On appeal the order was set aside and the matter was remanded for reconsideration. Therefore, the Tehsildar recorded evidence and rejecting the application of respondent no.1, held that land was given by respondent No.1 to Malkhan on lease for his life and as the said lease was still effective, Malkhan was not in unauthorised possession of the land. The Tehsildar's order was affirmed in appeal by the Sub-divisional Officer. Second appeal filed by respondent No.l was allowed by the Additional Commissioner holdingĀ· that the priest of the temple could only manage the affairs of the temple and he could either himself cultivate the land of the temple or get the same cultivated by any other person, but he could not change the ownership of the temple and since the priest was not the land-owner, he had no right to lease out the land of the temple to any other person and the lease given by him was meaningless and illegal and ineffective since the land in question was Aukaf property. Malkhan filed a revision before the Board of Revenue which was allowed, wherein it was held that the State Government gave the land for worship and service in the temple cultivating the land by the priest of the temple or getting it cultivated by somebody else. It was also held that the father of respondent No.1 allotted the land to Malkhan for his life time and that under the authority of the said patta, Malkhan was in possession and he had made improvements on the land and that repondent No.1 was regularly receiving Rs.100 annually towards the land revenue and also passed over its receipt. The Board of Revenue's order was challenged by respondent No.1 filing a writ petition in the High Court, which was allowed by a Single Judge. The High Court held that the application of the Pujari was maintainable under s.248(1) of the Code; that the Board of Revenue was wrong in treating the possession of Malkhan as authorised; that section 168(4) of the Code was not applicable to the present case because the land in dispute was Aukaf land and neither the deities nor the respondent No.1 could be regarded as the Bhumiswamis thereof. Restoring the order passed by the Additional Commissioner, the High Court ordered the eviction of the appellants from the land in accordance with the provisions of section 248 of the Code. Against the Judgment of the High Court this appeal by special leave was. filed by the lessees. The appellants urged that the High Court was in error in holding that Malkhan (lessee) was in unauthorised possession of the land and that the application filed by respondent no.1 under section 248(1) of the Code was maintainable; that it was competent for father of the respondent No.1 (lessor) to grant a sub-lease in favour of Malkhan in view of the relevant law applicable to the land in the former State of Gwalior; that after coming into force of the Code, lessee (Malkhan) acquired Bhumiswami rights over the said land with effect from October 2, 1960; that the decision of the Division Bench of the Madhya Pradesh High Court in Thakur Panchamsingh v. Mahant Ram, Kishan Das and ors., AIR 1972 MP 14 did not lay down the correct law; that respondent No.1, having inducted Malkhan as a tenant on the land in dispute, was estopped from asserting that he had no right to grant tenancy in favour of Malkhan and that possession of lessee was unauthorised; that since Malkhan had been granted a patta by the father of respondent No.l(lessor), which was valid for life time of Malkhan and respondent no.1 addmitted having received rent from lessee after the death of the lessor, the Board of Revenue rightly held that possession of the lessee was authorised and that the High Court was not justified in interfering with the order passed by the Board of Revenue in exercise of its jurisdiction under Article 226 of the Constitution. |
Judge | Hon'ble Mr. Justice S.C. Agrawal |
Neutral Citation | 1992 INSC 118 |
Petitioner | Mst. Kanchaniya And Ors. |
Respondent | Shiv Ram And Ors. |
SCR | [1992] 2 S.C.R. 670 |
Judgement Date | 1992-04-22 |
Case Number | 4010 |
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