MAHESH BHAGAT vs RAM BARAN MAHTO & ORS.

The Supreme Court held that the thika patta executed by A in favor of B was a lease and not a usufructory mortgage, as it was intended for a full term of 40 years without any right of redemption. The Court ruled that the tenants inducted by B were raiyats under Section 5(2) of the Bihar Tenancy Act, acquiring occupancy rights under Section 21(1) despite the stipulation in the patta. The appeal was dismissed, affirming the tenants' rights against eviction.