AMAR SINGH AND OTHERS versus RANA BALBAHADUR SINGH

AMAR SINGH AND OTHERS versus RANA BALBAHADUR SINGH

A tenant who holds ryotwari land leased prior to the Code's commencement acquires the status of occupancy tenant under s. 185(1) unless, at the Code’s commencement, the lessor (Bhumiswami) belonged to the class of disabled persons under s. 168(2). The relevant time for determining disability is at the commencement of the Code, not at the date of lease grant.

Parties
Appellants: Amar Singh and Others; Respondent: Rana Balbahadur Singh
Jurisdiction
India
Judgment Date
27 January 1966
Procedural Posture
Civil Appeal / Appeal by Special Leave Against Judgment and Order of Madhya Pradesh High Court
Outcome
Appeal allowed; respondent’s suit dismissed
Legal Topics
Occupancy Tenancy, Disabled Persons, Status of Bhumiswami, Madhya Pradesh Land Revenue Code
Land Law Occupancy Tenancy Disabled Persons Status of Bhumiswami Madhya Pradesh Land Revenue Code

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Parties

Amar Singh and Others

Appellants

Rana Balbahadur Singh

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave Against Judgment and Order of Madhya Pradesh High Court

Legal Issues

  1. 1 Whether a lessee of ryotwari land, leased prior to the commencement of the Madhya Pradesh Land Revenue Code, acquired occupancy tenancy status under section 185(1) if the Bhumiswami was a minor at the lease date but not at the commencement of the Code
  2. 2 Whether section 185(3) read with section 168(2) exempts such cases from the operation of section 185(1)

Ratio Decidendi

A tenant who holds ryotwari land leased prior to the Code's commencement acquires the status of occupancy tenant under s. 185(1) unless, at the Code’s commencement, the lessor (Bhumiswami) belonged to the class of disabled persons under s. 168(2). The relevant time for determining disability is at the commencement of the Code, not at the date of lease grant.

Court Disposition

Appeal allowed; respondent’s suit dismissed

Orders

  • Decree passed by the High Court set aside
  • Suit filed by the respondent dismissed