ASHARAFI SINGH versus KAPILDEO RAI (DEAD) AND ORS

ASHARAFI SINGH versus KAPILDEO RAI (DEAD) AND ORS

The Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 is applicable to the land in question since its definition of land is very wide and the transfer after notification is subject to the rights and liabilities under the consolidation scheme. There is no legal infirmity in the High Court's order affirming this position.

Parties
Appellant: Asharafi Singh; Respondents: Kapildeo Rai (Dead) and Ors
Jurisdiction
India
Judgment Date
19 September 2006
Procedural Posture
Civil Appeal / Appeal From Division Bench Judgment of High Court
Outcome
Appeal dismissed
Legal Topics
Bihar Consolidation of Holdings and Prevention of Fragmentation Act, Definition of Land, Transfer of Land Post Consolidation
Land Law Bihar Consolidation of Holdings and Prevention of Fragmentation Act Definition of Land Transfer of Land Post Consolidation

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Parties

Asharafi Singh

Appellant

Kapildeo Rai (Dead) and Ors

Respondents

Procedural Posture

Civil Appeal / Appeal From Division Bench Judgment of High Court

Legal Issues

  1. 1 Whether Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 applies to land within jurisdiction of Patna Regional Development Authority purchased after notification and completion of consolidation proceedings

Ratio Decidendi

The Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 is applicable to the land in question since its definition of land is very wide and the transfer after notification is subject to the rights and liabilities under the consolidation scheme. There is no legal infirmity in the High Court's order affirming this position.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs