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september 1960

Supreme Court of India · 1960-09-06

THE UPPER GANGES SUGAR MILLS LTD. vs KHALIL-UL-RAHMAN AND OTHERS.

Citation / case number
SC 1952/1
Court
Supreme Court of India
Petitioner
THE UPPER GANGES SUGAR MILLS LTD.
Respondent
KHALIL-UL-RAHMAN AND OTHERS.
Bench
SINHA, BHUVNESHWAR P.(CJ),GAJENDRAGADKAR, P.B.,WANCHOO, K.N.,GUPTA, K.C. DAS,SHAH, J.C.

Judgment text excerpt

The Supreme Court held that under Section 20 of the U.P. Zamindari Abolition and Land Reforms Act, 1950, the company had acquired adhivasi rights to the land despite being recorded as a thekedar in 1356 F. The Court clarified that possession under stay orders does not equate to possession on behalf of the court, and the company remained in possession in its own right. The judgment of the lower courts was reversed, affirming the company's entitlement to possession.

THE UPPER GANGES SUGAR MILLS LTD. vs KHALIL-UL-RAHMAN AND OTHERS. · Niyam