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april 1959

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.

BHINKA AND OTHERS vs CHARAN SINGH · Niyam