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1981 Supreme(SC) 454
SUPREME COURT OF INDIA
Y.V. Chandrachud, CJI., A V Varadarajan, Amarendra Nath Sen, JJ.
JANGA RAVAJI MALI, APPELLANT
VERSUS
SMT. NASRAT JAHANBEGUM AND OTHERS, RESPONDENTS.
Civil Appeal No. 94 of 1977, decided on October 29, 1981.
Headnote:
Constitution if India,1950 - Equitable partition - Retain possession - Tenant - Having heard learned counsel for parties Court are of opinion that interest of justice will be best served by giving to landlady who is respondent before us an area admeasuring acres and by allowing appellant-tenant to retain the remaining land – Held, Court direct that the landlady shall be put in possession of acres from out of Survey acres from out of Survey – Tahsildar District Dhulia will put her in possession of aforesaid acres of land after effecting an equitable partition of there two lands bearing in mind the quality of lands including right to use well in Survey - Appeal will stand disposed of
ORDER
1. Having heard learned counsel for the parties, we are of the opinion that the interest of justice will be best served by giving to the landlady, who is respondent 1 before us, an area admeasuring 22 acres and by allowing the appellant-tenant to retain the remaining land. Two lands are involved in these proceedings, namely, survey 15 which admeasures 18 acres and 17 gunthas and Survey 17 which admeasures 11 acres and 15 gunthas. We direct that the landlady (respondent 1) shall be put in possession of 15 acres from out of Survey 15 and 7 acres from out of Survey 17. The Tahsildar, Taleda, District Dhulia, will put her in possession of the aforesaid 22 acres of land after effecting an equitable partition of there two lands, bearing in mind the quality of the lands, including the right to use the well in Survey 17.
2. It is needless to add that the appellant-tenant shall be deemed to have become a statutory purchaser of the land of which he is entitled to retain possession under this Order.
3. There will be no order as to mesne profits nor any liability on the appellant to pay any amount by way of purchase price.
4. The appeal will stand disposed of in terms of this Order.
5. There will be no order as to costs.
