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.