Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Tenancy laws: Title claim – On facts land leased out to one in 1924 for thirty years under the 1895 Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | United Provinces Tenancy Act, 1939 (17 of 1939) Government Grant Act, 1895 (15 of 1895) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Tenancy laws: Title claim – On facts, land leased out to onein 1924 for thirty years under the 1895 Act, who sold i t topredecessor-in-interest of the respondents vide sale deed of 1947and thereafter the land was recorded in his name and on his deathhis successor, and they are continuously recorded as Bhumidhar ofthe said land – Different set of legal proceedings which proceededin parallel – Issues pertaining to sale of ownership rights orleasehold rights to the respondents; status of the respondents underthe applicable tenancy law and if the status entitled them forownership of the suit land; if the leasehold rights validly transferredunder the 1924 lease deed; determination of the 1924 lease deed,breach of the condition of prior approval and expiry of initial leasedeed period; and was it possible for predecessor of respondents tobe accorded the status of ‘Occupancy Tenant’ under the 1939 Act,which resulted in them being subsequently accorded the status of‘Sirdar’ under the Zamindari Notification – On appeal, held: HighCourt while deciding the issue of ownership in favour of therespondents on the strength of the Sale Deed, have come to differentconclusions as such to the nature of the instrument – Both theseparallel findings by the High Court have been without any seriousexamination of the nature of the Sale Deed itself – Reasoned findingon both the nature of Sale Deed as well as whether the same wasviolative of conditions of the 1924 Lease Deed very important,because of which the issue of determination of lease remainsunanswered – High Court made sweeping remarks in respect of thetenancy status without any serious consideration as to whether thesame were legally tenable or not – No reference is made to anyproceedings wherein the status as an occupancy tenant was evergranted to the predecessor of the respondent and, if so, how andwhen the same culminated into the status of ‘Sirdar’ under theZamindari Notification – Thus, there are compelling circumstances which have been left unanswered by the courts below, because ofwhich determination of several factual issues have been left in limbo– In dearth of appropriate records, ownership rights in respect ofan immovable property cannot be decided casually – Thus, the Courtis reluctant to give a final opinion on the matter until the Court issatisfied on the basis of the entirety of documents – Matters remandedto the High Court for a fresh adjudication on the issues formulated,even though pending before this Court for more than 15 years –Government Grants Act of 1895 – U.P. Tenancy Act, 1939. |
Judge | Hon'ble Mr. Justice Surya Kant |
Neutral Citation | 2023 INSC 550 |
Petitioner | State Of Uttarakhand And Anr. |
Respondent | Ravi Kumar (deceased) Through Lrs And Others |
SCR | [2023] 10 S.C.R. 936 |
Judgement Date | 2023-05-18 |
Case Number | 4983 |
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