STATE OF BOMBAY Vs. FAKIR UMAR DHANSE
LAWS(BOM)-1954-9-25
HIGH COURT OF BOMBAY
Decided on September 24,1954

STATE OF BOMBAY Appellant
VERSUS
FAKIR UMAR DHANSE Respondents


Referred Judgements :-

SECRETARY OF STATE V. ABDUL HUSEN [REFERRED TO]


JUDGEMENT

CHAINANI, J. - (1.)AFTER narrating the facts as above the judgment' proceeded:] In order to appreciate the arguments, which have been advanced in this appeal, it is necessary to mention the relevant provisions of the Land Revenue Code. Clause (11) of Section 3 of the Code states that 'to hold land', or to be a 'landholder', or 'holder' of land means to be lawfully in possession of land, whether such possession is actual or not Clause (12) defines 'holding' to mean a portion of land held by a holder. Clause (20) defines the word 'alienated' to mean transferred in so far as the rights of the State Government to payment of the rent or land revenue are concerned, wholly or partially, to the ownership of any person. The word 'occupant' is denned in Clause (16). This clause states that 'occupant' means a holder in actual possession of unalienated land, other than a tenant: provided that where the holder in actual possession is a tenant, the landlord or superior landlord, as the ease may be, shall be deemed to be the occupant. In Clause (17) 'occupancy' is denned as meaning a portion of land held by an occupant; while Clause (18) defines the expression 'to occupy land' as meaning to possess or to take possession of land. Clause (19) states that 'occupation' means possession.
(2.)THE Code, therefore, divides lands into two categories: (1) alienated lands, that is lands, the land revenue of which is wholly or partially transferred to the owner ship of any person, and (2) unalienated lands, which are commonly known as Sarkari (Government) or Khalsa lands. When a person is lawfully in possession of unalienated land, otherwise than as tenant, he is called an occupant, and the land held by him is called an occupancy.
The rights of an occupant are limited. Section 45 states that all land, whether applied to agricultural or other purposes, and wherever situate, is liable to the payment of land revenue to the Government except such as may be wholly exempted under the provisions of any special contract with the Government or any law for the time being in force. Section 68 states: An occupant is entitled to the use and occupation of his land for the period, if any, to which his tenure is limited, or if the period is unlimited, or a survey settlement has been extended to the land, in perpetuity conditionally on the payment of the amounts due on account of the land revenue for the same, according to the provisions of this Act, or of any rules made under this Act, or of any other law, for the time being in force, and on the fulfilment of any other terms or conditions lawfully annexed to his tenure....

(3.)SECTION 73 provides: An occupancy shall, subject to the provisions contained in Section 56, and to any conditions lawfully annexed to the tenure, and save as otherwise prescribed by law, be deemed an heritable and transferable property. The occupant is not entitled to mines and mineral products. The right to them vests in Government under Section 69. The occupant is also not entitled to all the trees in his land. The trees, which have been reserved in the manner referred to in Section 40, vest in Government under Section 41.


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