Supreme Court of India · 1959-04-24
BHINKA AND OTHERS vs CHARAN SINGH
- Citation / case number
- SC 1959/115
- Court
- Supreme Court of India
- Petitioner
- BHINKA AND OTHERS
- Respondent
- CHARAN SINGH
- Bench
- SUBBARAO
Judgment text excerpt
The Supreme Court held that under Section 180 of the U.P. Tenancy Act, 1939, a person in possession of land without consent is liable for ejectment. The Court clarified that the provisions of Section 145 of the Code of Criminal Procedure only allow a Magistrate to declare possession on a specific date and do not confer rights to possession or title. The appellants' possession was deemed illegal from inception, thus they could not claim protection under Section 180, leading to the dismissal of their appeals.