Supreme Court · 1997 INSC 299 · Decided 20 March 1997
Baleshwar Tewari (Dead) BY LRS. and ORS. v. Sheo Jatan Tiwary and ORS.
- Court
- Supreme Court of India
- Citation
- 1997 INSC 299 · [1997] 3 S.C.R. 140
- Case number
- CIVIL APPEAL No. 2533/1980
- Decided
- 20 March 1997
- Bench
- K. RAMASWAMY, S. SAGHIR AHMAD (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CrPC Section 145
Headnote
Bihar Land Refonns Act, 1950/Bihar Land Refonns Rules, 1951 : ss. 2(k), 6 and 35/Rule 7E(3}--"Khas possession''-lntennediary selling in 1957 C the land in possessio11 of lessee-Purchaser fili11g suit for declaration of title-Te11ant claiming to be in possessio11 as lessee since 1925-Suit showed purchaser in possessio11 a11d intennediary who must be in actual possession-17zough the inclusive definition in s.6( 1)( a) of the Act would also include yearly lease, but it indicates that possession should always be retained D by the intcnnediary and the tenant must have no security
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