K.C. SINGH DEO versus NILADRI SAHU (DEAD) BY LRS. AND ORS.

K.C. SINGH DEO versus NILADRI SAHU (DEAD) BY LRS. AND ORS.

Actual physical possession is necessary for claiming Raiyat status under Section 4(1)(h). The relevant date of possession will depend on the nature of the Raiyat claim and must be determined by revenue authorities.

Parties
Appellant: K.C. Singh Deo; Respondent: Niladri Sahu (dead) by LRs. and Ors.
Jurisdiction
India
Judgment Date
12 May 1999
Procedural Posture
Civil Appeal / Appeal From Orissa High Court Judgment Dated 24.12.86 in O.j.c. No. 602 of 1978
Outcome
Appeal partly allowed, judgment of High Court partly modified.
Legal Topics
Raiyat Status, Vested Land, Personal Cultivation, Possession Requirement
Land Law Raiyat Status Vested Land Personal Cultivation Possession Requirement

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 5 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

K.C. Singh Deo

Appellant

Niladri Sahu (dead) by LRs. and Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal From Orissa High Court Judgment Dated 24.12.86 in O.j.c. No. 602 of 1978

Legal Issues

  1. 1 Whether possession of land is required to claim Raiyat status under Section 4(1)(h) of Orissa Land Reforms Act, 1960
  2. 2 What is the relevant date of possession for Raiyat right declaration

Ratio Decidendi

Actual physical possession is necessary for claiming Raiyat status under Section 4(1)(h). The relevant date of possession will depend on the nature of the Raiyat claim and must be determined by revenue authorities.

Court Disposition

Appeal partly allowed, judgment of High Court partly modified.

Orders

  • Revenue authority to consider question of possession along with appellant's claim as directed by the High Court.
  • Parties to bear their own costs.