KAILASH RAL versus JAI JAI RAM & OTHERS

KAILASH RAL versus JAI JAI RAM & OTHERS

Under section 18(1)(a), constructive possession and legal title are sufficient for co-sharers to claim bhumidhari rights even if not in physical cultivatory possession, unless ouster is established; lands can be considered held or deemed to be held by appellant by legal fiction. Exclusive cultivatory possession is not required for entitlement if the right is recognized and possession is not ousted.

Parties
Appellant: Kailash Rai; Respondents: Jai Jai Ram & Others
Jurisdiction
India
Judgment Date
22 January 1973
Procedural Posture
Civil Appeal / Appeal by Special Leave From Allahabad High Court Judgment in Second Appeal No. 397 of 1966
Outcome
Appeal allowed; judgment and order of Allahabad High Court set aside; decision of District Judge, Gorakhpur restored.
Legal Topics
Interpretation of Possession Under U.p. Zamindari Abolition and Land Reforms Act, 1950, Co Sharer Rights in Khudkasht/sir, Constructive Possession, Partition of Bhumidhari Rights
Property Law Land Reforms Interpretation of Possession Under U.p. Zamindari Abolition and Land Reforms Act, 1950 Co Sharer Rights in Khudkasht/sir Constructive Possession Partition of Bhumidhari Rights

Case Brief

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Parties

Kailash Rai

Appellant

Jai Jai Ram & Others

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From Allahabad High Court Judgment in Second Appeal No. 397 of 1966

Legal Issues

  1. 1 Interpretation of 'possession', 'held', and 'deemed to be held' under section 18(1)(a) of the U.P. Zamindari Abolition and Land Reforms Act, 1950
  2. 2 Entitlement of co-sharers to bhumidhari rights where only some are in cultivatory possession
  3. 3 Necessity of appeal against intermediary order calling for factual finding

Ratio Decidendi

Under section 18(1)(a), constructive possession and legal title are sufficient for co-sharers to claim bhumidhari rights even if not in physical cultivatory possession, unless ouster is established; lands can be considered held or deemed to be held by appellant by legal fiction. Exclusive cultivatory possession is not required for entitlement if the right is recognized and possession is not ousted.

Court Disposition

Appeal allowed; judgment and order of Allahabad High Court set aside; decision of District Judge, Gorakhpur restored.

Orders

  • Judgment and order of Allahabad High Court in Second Appeal No. 397 of 1966 set aside.
  • Decision of District Judge, Gorakhpur in Civil Appeal No. 494 of 1955 restored.