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january 1956

Supreme Court of India · 1956-01-16

HARIHAR PRASAD SINGH AND ANOTHER vs MUST. OF MUNSHI NATH PRASADAND OTHERS.

Citation / case number
SC 1953/1405
Court
Supreme Court of India
Petitioner
HARIHAR PRASAD SINGH AND ANOTHER
Respondent
MUST. OF MUNSHI NATH PRASADAND OTHERS.
Bench
AIYYAR, T.L. VENKATARAMA

Judgment text excerpt

The Supreme Court held that an entry in the record of rights under Section 103-A of the Bihar Tenancy Act does not create rights but raises a rebuttable presumption under Section 103-B. The Court clarified that the mortgagees, not being proprietors or tenure-holders, could not confer occupancy rights to the lessees under Section 21 of the Act. The appeal was allowed, overturning the High Court's decision, and the decree in ejectment was upheld.

HARIHAR PRASAD SINGH AND ANOTHER vs MUST. OF MUNSHI NATH PRASADAND OTHERS. · Niyam