NATHU PRASAD versus RANCHHOD PRASAD & ORS.

NATHU PRASAD versus RANCHHOD PRASAD & ORS.

Sub-lessees inducted in contravention of s.73 of the Revenue Administration and Ryotwari Land Revenue and Tenancy Act, 1950 and declared trespassers under s.78 cannot acquire occupancy tenant status under s.185(1)(ii)(b) of the Madhya Pradesh Land Revenue Code, 1959.

Parties
Appellant: Nathu Prasad; Respondent: Ranchhod Prasad; Respondent: Onkar Prasad
Jurisdiction
India
Judgment Date
06 October 1969
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal allowed
Legal Topics
Occupancy Rights, Sub Lease, Ryotwari Tenancy, Trespasser Status
Land Revenue Tenancy Law Occupancy Rights Sub Lease Ryotwari Tenancy Trespasser Status

Case Brief

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Parties

Nathu Prasad

Appellant

Ranchhod Prasad

Respondent

Onkar Prasad

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether persons inducted as sub-lessees in contravention of s.73 of the Revenue Administration and Ryotwari Land Revenue and Tenancy Act, 1950 can acquire rights as occupancy tenants under s.185(1)(ii)(b) of the Madhya Pradesh Land Revenue Code, 1959

Ratio Decidendi

Sub-lessees inducted in contravention of s.73 of the Revenue Administration and Ryotwari Land Revenue and Tenancy Act, 1950 and declared trespassers under s.78 cannot acquire occupancy tenant status under s.185(1)(ii)(b) of the Madhya Pradesh Land Revenue Code, 1959.

Court Disposition

Appeal allowed

Orders

  • Order of High Court set aside
  • Decree of District Court restored