JAI DUTT versus STATE OF U.P. & ORS.

JAI DUTT versus STATE OF U.P. & ORS.

Appellant's long possession of public land did not confer tenancy or ownership; neither documentary evidence nor rent receipts established lawful entry or tenancy; factually and legally appellant remained a trespasser in unauthorised occupation; no requirement to refer dispute to Civil Judge as objections were baseless; notice presumed valid.

Parties
Appellant: Jai Dutt; Respondents: State of U.P. & Ors.
Jurisdiction
India
Judgment Date
26 October 1978
Procedural Posture
Civil Appeal / Final Decision on Appeal by Certificate
Outcome
Appeal dismissed
Legal Topics
Eviction From Public Land, Hereditary Tenancy, Unauthorised Occupation, Public Land Definition, U.p. Land (eviction and Recovery of Rent & Damages) Act, 1959, U.p. Tenancy Act, 1939
Property Law Land Law Eviction From Public Land Hereditary Tenancy Unauthorised Occupation Public Land Definition U.p. Land (eviction and Recovery of Rent & Damages) Act, 1959 U.p. Tenancy Act, 1939

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Parties

Jai Dutt

Appellant

State of U.P. & Ors.

Respondents

Procedural Posture

Civil Appeal / Final Decision on Appeal by Certificate

Legal Issues

  1. 1 Whether appellant acquired hereditary tenancy under s. 180(2) of U.P. Tenancy Act, 1939 by long cultivatory possession
  2. 2 Whether continued possession and alleged payment of rent conferred lawful status or title
  3. 3 Whether failure to refer the dispute to Civil Judge under Section 7 of the Eviction Act vitiated eviction

Ratio Decidendi

Appellant's long possession of public land did not confer tenancy or ownership; neither documentary evidence nor rent receipts established lawful entry or tenancy; factually and legally appellant remained a trespasser in unauthorised occupation; no requirement to refer dispute to Civil Judge as objections were baseless; notice presumed valid.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs