Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Ghatwali tenures-Nature and incident |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Ghatwali tenures-Nature and incidents-Government ghatwalis and Zemindary ghatwalis-Difference-Zemindar' s right to sub-soil minerals-District Gazetteers-Evidentiary value. Though there are several instances in which Government ghatwalis were included in the zemindary of other persons, yet where no clear evidence is forthcoming as to the true character of a ghatwali, the fact that the tenure is included within a zamindary and is covered by the jama assessed upon it should turn the scale in favour of the party who alleges that it is a tenure which is dependent upon the zemindary.The mere fact that the ghatwali was shown to be under the Collector cannot alter the character of the ghatwali, i.e., if it Was a zemindary ghatwali, it could not become a Government ghanvali merely because it was stated to be under the Collector.A zemindar is presumed to be the owner of underground rights in the tenancies created by him in the absence of evidence that he ever parted with them. A statement in the District Gazetteer is not necessarily conclusive, but the Gazetteer is an official document of some value, as it is compiled by experienced officials with great care after obtaining the facts from official records, |
Judge | Hon'ble Mr. Justice Sir Saiyid Fazl Ali |
Neutral Citation | 1951 INSC 27 |
Petitioner | Sukhdev Singh |
Respondent | Maharaja Bahadur Of Gidhaur |
SCR | [1951] 1 S.C.R. 534 |
Judgement Date | 1951-05-02 |
Case Number | 29 |
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