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november 1978

Supreme Court of India · 1978-11-15

SHIVESHWAR PRASAD NARAIN SINGH & ANR. vs GHARAHU & ANR. ETC.

Citation / case number
SC 1969/60378
Court
Supreme Court of India
Petitioner
SHIVESHWAR PRASAD NARAIN SINGH & ANR.
Respondent
GHARAHU & ANR. ETC.
Author
D.A. DESAI
Bench
D.A. DESAI

Judgment text excerpt

The Supreme Court interpreted the U.P. Zamindari Abolition and Land Reforms Act, 1950, specifically Section 20 and Section 21(h), clarifying the status of tenants and occupants. The Court held that a tenant of sir becomes an adhivasi under Section 20(a)(i) and that the provisions of Section 21(h) regarding asami status do not apply if the tenant is not recorded as an occupant in the khasra of 1356F. The plaintiff's claim for possession was dismissed as the defendants were deemed to have acquired the status of adhivasi, thus affirming the lower court's decision.

SHIVESHWAR PRASAD NARAIN SINGH & ANR. vs GHARAHU & ANR. ETC. · Niyam