LawforAll

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Showing posts with label 1960. Show all posts
Showing posts with label 1960. Show all posts
Friday, September 22, 2017

Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960 - suit for declaration of his occupancy rights in the suit land - No occupancy rights of a tenant in the land in the absence of possession = whether the plaintiff had become a cultivating farmer of the land in question and while answering this issue the trial court has discussed the question whether the plaintiff was in possession of the land or not. It has been found that the plaintiff was not in possession of the land. In fact, the plaintiff himself had admitted that he is not in possession of the land and cultivation on his behalf is carried out by a servant. It was also stated that one relative was managing the cultivation of the land. The trial court held that the plaintiff had failed to prove that he was in possession because he failed to mention the name of the persons who were owning the neighbouring lands nor could he give any details thereof. The servant Buda and the relative Amlok Chand were not examined by the plaintiff. Therefore, even as per the stand of the plaintiff he was not in personal cultivating possession and hence, he could not have got occupancy rights of a tenant in the land which can only be given to a person who is actually cultivating the land.

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1 NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 5040 OF 2009 YASHCHANDRA (D) BY LRS. …APPELLAN...
Friday, September 5, 2014

Sec. 158 and 250 of Revenue code and Sec.35 M.P. Ceiling on Agricultural Land Holdings Act, 1960 - allotment of land with Bhumiswami Rights to the appellant who sold the same with in 2 years to the respondent - on application after 3 years of sale - collector order for re allotment of the same to the appellant and Thasildar order for restoration of land - respondent filed a civil suit - which was dismissed - first appeal was also dismissed - High court allowed the second appeal - Apex court held that we find that in the instant case the land, which was declared surplus land, was allotted by the State in purported exercise of power under Section 35 of the said Act giving Bhumiswami right to the appellants. The said allotment was made in the year 1973. Within two years from the date of the said allotment, the land was purchased by the respondent by sale deed dated 4.7.1975, which, according to the appellants, was without consideration and the respondent in connivance with the other persons managed to keep the appellants out of possession. Prima facie, therefore, the sale deed alleged to have been executed by the appellants in favour of the respondent on 4.7.1975 is null and void and the same does not confer any right, title or interest in favour of the respondent-Sattar Khan.The trial court and the first appellate court, therefore, correctly recorded a finding that the sale deed, said to have been executed by the appellants in favour of the respondent, is null and void and is without consideration. The High Court while reversing the judgment has not considered these provisions contained in the M.P. Revenue Code. We, therefore, allow this appeal and set aside the judgment and order passed by the High Court and restore the judgment of the trial court. = CIVIL APPEAL NO.(s). 6471 OF 2014 (Arising out of Special Leave Petition (Civil) No.7039 of 2006) Tolya etc. ………Appellants Versus State of M.P. & Another etc. ……..Respondents = 2014 - Aug.Part - http://judis.nic.in/supremecourt/filename=41840

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    S ec. 158 and 250 of Revenue code and Sec.35 M.P. Ceiling on Agricultural Land Holdings Act, 1960 - allotment of land with Bhumiswami ...