TARKESHWAR SIO THAKUR JIU versus BAR DASS DEY & CO. AND ORS.

TARKESHWAR SIO THAKUR JIU versus BAR DASS DEY & CO. AND ORS.

The grant in question, though labelled a 'licence', had all the essential attributes of a 'lease' within the meaning of Section 105, Transfer of Property Act. The appellant-intermediary was not in khas possession nor directly working the mine at material time, thus Section 28 of the West Bengal Estates Acquisition Act applied, precluding retention of the land. Section 28 overrides Section 6(1)(i) when the mine is worked through a lessee or licensee.

Parties
Appellant: Tarkeshwar Sio Thakur Jiu; Respondents: Bar Dass Dey & Co. and Ors.
Jurisdiction
India
Judgment Date
06 February 1979
Procedural Posture
Civil Appeal / Appeal by Special Leave From Judgment and Decree Dated 14 3 1969 of Calcutta High Court
Outcome
Appeal dismissed
Legal Topics
Lease Vs Licence, Mining Operations, Immovable Property Definition, West Bengal Estates Acquisition Act, Retention Rights
Property Law Mining Law Tenancy Law Lease Vs Licence Mining Operations Immovable Property Definition West Bengal Estates Acquisition Act Retention Rights

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Parties

Tarkeshwar Sio Thakur Jiu

Appellant

Bar Dass Dey & Co. and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From Judgment and Decree Dated 14 3 1969 of Calcutta High Court

Legal Issues

  1. 1 Whether the grant was a 'lease' or 'licence'
  2. 2 Whether Section 6 or Section 28 of the West Bengal Estates Acquisition Act applies
  3. 3 Definition and scope of 'mining operations' and 'mine'

Ratio Decidendi

The grant in question, though labelled a 'licence', had all the essential attributes of a 'lease' within the meaning of Section 105, Transfer of Property Act. The appellant-intermediary was not in khas possession nor directly working the mine at material time, thus Section 28 of the West Bengal Estates Acquisition Act applied, precluding retention of the land. Section 28 overrides Section 6(1)(i) when the mine is worked through a lessee or licensee.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs