BABU NOORUL HASAN KHAN versus RAM PRASAD SINGH & ORS.
The Arbitrator correctly found that the theka was made with a view to the Thekedars' personal cultivation, bringing the case under Section 12, making the respondents hereditary tenants (Sirdars). The High Court was justified in upholding the Arbitrator's award.
Source-derived case information.
- Parties
- Appellant: Babu Noorul Hasan Khan; Respondent: Ram Prasad Singh
- Jurisdiction
- India
- Judgment Date
- 18 October 1979
- Procedural Posture
- Civil Appeal / Supreme Court Appeal by Special Leave
- Outcome
- Appeal dismissed
- Legal Topics
- Zamindari Abolition, Thekedar Rights, Hereditary Tenancy, Interpretation of Sections 12 and 13
Source-derived case record
Summary, issues, holding and outcome
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Parties
Babu Noorul Hasan Khan
Appellant
Ram Prasad Singh
Respondent
Procedural Posture
Civil Appeal / Supreme Court Appeal by Special Leave
Legal Issues
- 1 Whether Bhagwati Singh and others have been rightly held to be the Sirdars of the plots in question or whether the ex-landlords had become the bhumidars under the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950
Ratio Decidendi
The Arbitrator correctly found that the theka was made with a view to the Thekedars' personal cultivation, bringing the case under Section 12, making the respondents hereditary tenants (Sirdars). The High Court was justified in upholding the Arbitrator's award.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed
- No order as to costs
Full Case Text
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