Supreme Court · 1955 INSC 56 · Decided 27 October 1955
Ananda Behera and Another v. The State of Orissa and Another
- Court
- Supreme Court of India
- Citation
- 1955 INSC 56 · [1955] 2 S.C.R. 919
- Case number
- WRIT PETITION (CIVIL) No. 286/1955
- Decided
- 27 October 1955
- Bench
- SUDHI RANJAN DAS, N. CHANDRASEKHARA AIYAR, VIVIAN BOSE, B. JAGANNADHADAS, SYED JAFFER IMAM (5-judge bench)
- Outcome
- Dismissed
- Case type
- Writ / Constitutional
- Acts & sections cited
- Constitution Article 19(1), 32; Transfer of Property Act Section 3(25)
Headnote
COURT REPORTS 919 Act that the tenants became entitled to occupancy rights, the inamdars would, on notification, be free to eject tenants. and settll:'. their own terms with them. \Ne cannot accede to a contention which results not merely in the frustration of the object of the Act but further under sec­ tion 3 (b) will have the effect of extinguishing the rights of the inamdars, and enabling the State to issue ryotwari pattas to the tenants in oceupation. We prefer to accept this contention, as it fully effectuates the intention of the legislature. In the result, we must hold
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