HARIHAR PRASAD SINGH AND ANOTHER versus MUST. OF MUNSHI NATH PRASAD AND OTHERS.

HARIHAR PRASAD SINGH AND ANOTHER versus MUST. OF MUNSHI NATH PRASAD AND OTHERS.

Occupancy rights under Bihar Tenancy Act cannot be conferred upon tenants inducted by mortgagees into private lands, as mortgagees are not proprietors or tenure holders; presumption created by record of rights and statutory evidentiary rules is rebuttable, and in this case, documentary evidence establishes lands are...

Source-derived case information.

Parties
Appellant: Harihar Prasad Singh; Appellant: Another (joint Hindu family member, appellant); Respondent: Must. of Munshi Nath Prasad; Respondent: Others (respondents Nos. 3 to 6, 20 to 25, 27 to 39)
Jurisdiction
India
Judgment Date
16 January 1956
Procedural Posture
Civil Appeal / Appeal by Special Leave From Patna High Court Judgment and Decree Dated 7th February 1949
Outcome
Appeal allowed.
Legal Topics
Occupancy Rights, Mortgagee and Lessee Relationship, Private Land Under Bihar Tenancy Act
Property Law Tenancy Law Occupancy Rights Mortgagee and Lessee Relationship Private Land Under Bihar Tenancy Act

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Parties

Harihar Prasad Singh

Appellant

Another (joint Hindu family member, appellant)

Appellant

Must. of Munshi Nath Prasad

Respondent

Others (respondents Nos. 3 to 6, 20 to 25, 27 to 39)

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Patna High Court Judgment and Decree Dated 7th February 1949

Legal Issues

  1. 1 Whether occupancy rights can be acquired by lessee from mortgagee
  2. 2 How presumption of record of rights under Bihar Tenancy Act can be rebutted
  3. 3 Proper proof of proprietor's private land

Ratio Decidendi

Occupancy rights under Bihar Tenancy Act cannot be conferred upon tenants inducted by mortgagees into private lands, as mortgagees are not proprietors or tenure holders; presumption created by record of rights and statutory evidentiary rules is rebuttable, and in this case, documentary evidence establishes lands are private; lease by mortgagee does not confer occupancy; appellants entitled to ejectment decree.

Court Disposition

Appeal allowed.

Orders

  • Decree of lower court set aside, Subordinate Judge decree restored as against second party respondents with costs throughout.
  • Suit against first party defendants dismissed, no order as to costs.