MAHARAJA PRATAP SINGH BAHADUR versus THAKUR MANMOHAN DEO AND ORS.

MAHARAJA PRATAP SINGH BAHADUR versus THAKUR MANMOHAN DEO AND ORS.

A lease of ghatwali land in perpetuity executed on behalf of the Court of Wards for the purpose of erecting dwelling houses is valid under the special Bengal Ghatwali Lands Act, 1859; the presumption under s. 114 of Indian Evidence Act applies to such official acts, and the lease is binding on future possessors.

Parties
Appellant: Maharaja Pratap Singh Bahadur; Respondent No. 1: Thakur Manmohan Deo; Respondent Nos. 2 and 3: U. P. Singh
Jurisdiction
India
Judgment Date
28 February 1966
Procedural Posture
Civil Appeal / Supreme Court Appellate Decision
Outcome
Appeal allowed in part.
Legal Topics
Ghatwali Tenancy, Perpetual Lease, Application of Special and General Statutes, Court of Wards Management
Property Law Ghatwali Tenancy Perpetual Lease Application of Special and General Statutes Court of Wards Management

Case Brief

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Parties

Maharaja Pratap Singh Bahadur

Appellant

Thakur Manmohan Deo

Respondent No. 1

U. P. Singh

Respondent Nos. 2 and 3

Procedural Posture

Civil Appeal / Supreme Court Appellate Decision

Legal Issues

  1. 1 Whether a perpetual lease of ghatwali estate lands executed by the Deputy Commissioner under Court of Wards management is void for lack of sanction and approval under relevant statutes
  2. 2 Whether provisions of the Bengal Ghatwali Lands Act, 1859 or Court of Wards Act, 1870 must be satisfied for validity of such lease

Ratio Decidendi

A lease of ghatwali land in perpetuity executed on behalf of the Court of Wards for the purpose of erecting dwelling houses is valid under the special Bengal Ghatwali Lands Act, 1859; the presumption under s. 114 of Indian Evidence Act applies to such official acts, and the lease is binding on future possessors.

Court Disposition

Appeal allowed in part.

Orders

  • Decree of High Court modified; parties to pay and receive proportionate costs throughout.