Supreme Court · 1971 INSC 43 · Decided 2 February 1971

Bhubaneshwar Prasad Narain Singh & ORS. v. Sidheswar Mukherjee & ORS.

Court
Supreme Court of India
Citation
1971 INSC 43 · [1971] 3 S.C.R. 639
Case number
CIVIL APPEAL No. 2588/1966
Decided
2 February 1971
Bench
G.K. MITTER, A.N. RAY (2-judge bench)
Outcome
Dismissed
Case type
Civil

Headnote

Bilu1r Land Rcfonns Act, 1950, r. 6--Scope of-Effect on co-sharer'i posJ't:Jston. In a suit for partition of bakasht land a preliminary decNe was pass- c ed. The defendants-appellants, claiming to be in actuar possession of the bakasht land, filecl a petition contending that the consequence of s. the meanwhile) was to put an end to the proprietor's possession of the b.akasht land by causing them to vest in the State and simultaneously creating a tenancy in favour of the person in khas possession. thereof, and therefore, no final decree could be passed. The trial court accepted the

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