THE UPPER GANGES SUGAR MILLS LTD. versus KHALLIL-UL-RAHMAN AND OTHERS

THE UPPER GANGES SUGAR MILLS LTD. versus KHALLIL-UL-RAHMAN AND OTHERS

The company was recorded as occupant in the relevant year and its possession was not on behalf of the court or landlords; thus, it acquired Adhivasi rights under s. 20(b) of the U.P. Zamindari Abolition and Land Reforms Act, 1950 and was entitled to possession of the land.

Parties
Appellant/respondent: Upper Ganges Sugar Mills Ltd.; Respondent/appellant: Khalil-ul-Rahman and Others
Jurisdiction
India
Judgment Date
06 September 1960
Procedural Posture
Civil Appeal / Final Judgment
Outcome
Appeals dismissed
Legal Topics
Adhivasi Rights, Possession Under Stay Orders, Recorded Occupant Status, Zamindari Abolition
Tenancy Law Land Reforms Property Law Adhivasi Rights Possession Under Stay Orders Recorded Occupant Status Zamindari Abolition

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Parties

Upper Ganges Sugar Mills Ltd.

Appellant/respondent

Khalil-ul-Rahman and Others

Respondent/appellant

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Whether occupation under stay orders amounts to possession on behalf of the court or in own right
  2. 2 Whether being recorded as thekadar in revenue records satisfies 'occupant' requirement under s. 20(b) of U.P. Zamindari Abolition and Land Reforms Act, 1950

Ratio Decidendi

The company was recorded as occupant in the relevant year and its possession was not on behalf of the court or landlords; thus, it acquired Adhivasi rights under s. 20(b) of the U.P. Zamindari Abolition and Land Reforms Act, 1950 and was entitled to possession of the land.

Court Disposition

Appeals dismissed

Orders

  • No order as to costs
  • Company entitled to benefit of s. 20(b) of U.P. Zamindari Abolition and Land Reforms Act