GHANSHIAM DAS versus DEVI PRASAD & ANOTHER

GHANSHIAM DAS versus DEVI PRASAD & ANOTHER

A brick kiln, being a mere pit with some bricks by its sides and lacking a site and roofed structure, is not a 'building' within the meaning of s. 9 of the U.P. Zamindari Abolition and Land Reforms Act, 1951. Therefore, the land vested in the State of Uttar Pradesh and the respondents are not entitled to rent for the relevant period.

Parties
Appellant: Ghanshiam Das; Respondent: Devi Prasad; Respondent: Another (unnamed)
Jurisdiction
India
Judgment Date
11 March 1966
Procedural Posture
Civil Appeal / Appeal From High Court Judgment (second Appeal)
Outcome
Appeal allowed
Legal Topics
Estate Vesting, Definition of Building, Rights of Statutory Tenants
Property Law Land Reforms Estate Vesting Definition of Building Rights of Statutory Tenants

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Parties

Ghanshiam Das

Appellant

Devi Prasad

Respondent

Another (unnamed)

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment (second Appeal)

Legal Issues

  1. 1 Whether a brick kiln is a 'building' within the meaning of s. 9 of the U.P. Zamindari Abolition and Land Reforms Act, 1951

Ratio Decidendi

A brick kiln, being a mere pit with some bricks by its sides and lacking a site and roofed structure, is not a 'building' within the meaning of s. 9 of the U.P. Zamindari Abolition and Land Reforms Act, 1951. Therefore, the land vested in the State of Uttar Pradesh and the respondents are not entitled to rent for the relevant period.

Court Disposition

Appeal allowed

Orders

  • Suit no. 1125 of 1953 filed by the respondents dismissed
  • Appeals allowed with costs