CHANDRIKA PRASAD versus PULLO (DEAD) BY LRS. AND ORS.

CHANDRIKA PRASAD versus PULLO (DEAD) BY LRS. AND ORS.

On admitted facts and statutory provisions, a sub-tenant from mortgagee in possession cannot acquire adhivasi rights under Section 20 of the U.P. Zamindari Abolition & Land Reforms Act, 1950, as the mortgagee is not considered a tenant under the Act and the appellant is only a licensee. The entry as sub-tenant from mortgagee in 1356/1359 Fasli is fictitious and does not confer tenancy or adhivasi status.

Parties
Appellant: Chandrika Prasad; Respondents: Pullo (Dead) by LRs. and Ors.
Jurisdiction
India
Judgment Date
10 April 2000
Procedural Posture
Civil Appeal / Final Decision After Referral to Larger Bench
Outcome
Appeal dismissed
Legal Topics
Adhivasi Rights, Tenancy Status, Sub Tenancy From Mortgagee, Usufructuary Mortgage, Status of Licensee Versus Tenant, U.p. Zamindari Abolition and Land Reforms Act Interpretation
Land Law Tenancy Adhivasi Rights Tenancy Status Sub Tenancy From Mortgagee Usufructuary Mortgage Status of Licensee Versus Tenant U.p. Zamindari Abolition and Land Reforms Act Interpretation

Case Brief

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Parties

Chandrika Prasad

Appellant

Pullo (Dead) by LRs. and Ors.

Respondents

Procedural Posture

Civil Appeal / Final Decision After Referral to Larger Bench

Legal Issues

  1. 1 Whether a sub-tenant from a mortgagee can acquire adhivasi rights under Section 20 of the U.P. Zamindari Abolition & Land Reforms Act, 1950
  2. 2 Whether mortgagee in possession is a tenant under the Act
  3. 3 Whether the entry as sub-tenant from mortgagee is a genuine sub-tenancy or only a licensee status

Ratio Decidendi

On admitted facts and statutory provisions, a sub-tenant from mortgagee in possession cannot acquire adhivasi rights under Section 20 of the U.P. Zamindari Abolition & Land Reforms Act, 1950, as the mortgagee is not considered a tenant under the Act and the appellant is only a licensee. The entry as sub-tenant from mortgagee in 1356/1359 Fasli is fictitious and does not confer tenancy or adhivasi status.

Court Disposition

Appeal dismissed

Orders

  • No adhivasi rights to appellant; entry as sub-tenant from mortgagee in the relevant year to be treated as fictitious; High Court decision upheld; no costs ordered.