BUDHAN SINGH & ANR. versus NABI BUX & ANR.

BUDHAN SINGH & ANR. versus NABI BUX & ANR.

The word 'held' in s. 9 of the U.P. Zamindari Abolition and Land Reforms Act, 1950 refers to holding by legal title, not mere possession, and does not confer benefit on trespassers. Respondents, as lawful holders forced to leave due to communal disturbances, retained their legal title and right to recover the site and new building constructed by appellants.

Parties
Appellant: Budhan Singh; Appellant: Budhan Singh (co-appellant); Respondent: Nabi Bux; Respondent: Nabi Bux (co-respondent)
Jurisdiction
India
Judgment Date
20 August 1969
Procedural Posture
Civil Appeal / Supreme Court Appeal by Certificate
Outcome
Appeal dismissed with costs.
Legal Topics
Vesting of Estates, Statutory Construction, Abadi Buildings, Possession and Title, Tenancy, Commencement of Statutes
Property Law Statutory Interpretation Vesting of Estates Statutory Construction Abadi Buildings Possession and Title Tenancy Commencement of Statutes

Case Brief

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Parties

Budhan Singh

Appellant

Budhan Singh (co-appellant)

Appellant

Nabi Bux

Respondent

Nabi Bux (co-respondent)

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal by Certificate

Legal Issues

  1. 1 Meaning of 'held' under s. 9 of U.P. Zamindari Abolition and Land Reforms Act, 1950
  2. 2 Whether mere possession or legal title is required for benefit under s. 9
  3. 3 Interpretation when a tenant leaves residential property temporarily and finds it replaced by a new structure

Ratio Decidendi

The word 'held' in s. 9 of the U.P. Zamindari Abolition and Land Reforms Act, 1950 refers to holding by legal title, not mere possession, and does not confer benefit on trespassers. Respondents, as lawful holders forced to leave due to communal disturbances, retained their legal title and right to recover the site and new building constructed by appellants.

Court Disposition

Appeal dismissed with costs.

Orders

  • Respondents entitled to recover the site and new building constructed by appellants.
  • Appellants' contention on 'held' rejected.