MAHARAJA CHINTAMANI SARAN SAH DEO Vs. JOGESHWARSIKHAR
SUPREME COURT OF INDIA
MAHARAJA CHINTAMANI SARAN SAH DEO
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K. Jagannatha Shetty, J. -
(1.)The question raised in this appeal is whether a 'registered kabuliyat' signed by lessee and accepted by the lessor but not signed by the atter is sufficient to constitute a 'registered lease' as required under Section 6 subsection (1)(a)(ii), Bihar Land Reforms Act, 1950. The said section is in these terms:
"6. Certain other lands in 'khas' possession of intermediaries to be retained by them on payment of rent as 'raiyatees' having occupancy rights.
(1) On and from the date of vesting all lands used for agricultural or horticultural purposes, which were in 'khas' possession of an intermediary on the date of such vesting, including-
(b)(ii) landlord's privileged lands let out under a registered lease for a term exceeding one year or under a lease, written or oral, for a period of one year or less, referred to in Section 43 of the Chota Nagpur Tenancy Act, 1908 (Ben Act 6 of 1908)."
(2.)The respondents are admittedly in possession of the disputed lands under a registered kabuliyat (Ex. 12) and also as occupants. Their case is that the lands were vested in the State under the Bihar Land Reforms Act, 1950 ("The Act") and not saved by Section 6, sub-section (1)(a)(ii) thereof. The appellant's case is otherwise. He says that he is the owner of the lands and his rights remain unaffected, and the lands are saved under Section 6, sub-section (1)(a)(ii). He filed a suit against the respondents for possession on the ground that the lands are saved from vesting. The suit was dismissed by the Special Subordinate Judge, but on appeal, the appellant succeeded before the Additional Judicial Commissioner. The High Court, however, in the second appeal has reversed the judgment of the Additional Judicial Commissioner and confirmed the decree of the subordinate Judge.
(3.)Hence this appeal by special leave.
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