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1967 Supreme(Online)(Bom) 16

BOMBAY HIGH COURT
, J
Thakur Niranjansingh v. Bhagatrai


Advocates:
For the Appellants/Petitioners: Mr. Kurdukar
For the Respondents: Mr. Guttal

Table of Content
1. background on the inamdar and possession. (Para 1)
2. dispute over occupancy rights and legal standings. (Para 2 , 3)
3. legal implications of state vesting and tenant status. (Para 4 , 5 , 6)
4. final ruling based on legal assessments. (Para 7 , 8)

1. Opponent No. 1 (hereinafter referred to as the opponent) was the inamdar of the lands in dispute survey Nos. 65 and 66. This inam was abolished by the Hyderabad Abolition of Inams and Cash Grants Act 1954 (hereinafter referred to as the Act) with effect from 20-7-1955. The lands were then in possession of the Court Receiver who had been appointed in a suit between the opponent and some other persons. The possession of the lands was restored to the opponent some time in 1956. At that time there was no tenant on the lands. On 5-4-1957 the opponent leased the lands to the petitioner. On 6-9-1961 the petitioner made an application to the Tahsildar that he should be recognised as having become the occupant of the lands under S.6 of the Act. The Tahsildar held an enquiry. He was of the opinion that as the opponent was in possession of the lands in 1955, he was entitled to occupancy rights. He therefore, rejected the applicat




















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