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july 1979

Supreme Court of India · 1979-07-17

RAMESH BEJOY SHARMA AND ORS. vs PASHUPATI RAI AND ORS.

Citation / case number
SC 1969/60182
Court
Supreme Court of India
Petitioner
RAMESH BEJOY SHARMA AND ORS.
Respondent
PASHUPATI RAI AND ORS.
Author
D.A. DESAI
Bench
D.A. DESAI

Judgment text excerpt

The Supreme Court held that under Section 6(1) of the Bihar Land Reforms Act, 1950, khas possession does not include the mere right to take possession, and a tenant-at-will cannot be considered in khas possession of the land. The Court affirmed the High Court's ruling that a tenant-at-will holds possession on their own behalf and can only be evicted through due process, including a notice that expires with the agricultural year. Consequently, the appeal was dismissed, upholding the High Court's decision that the appellants were not entitled to evict the respondents without proper notice.

RAMESH BEJOY SHARMA AND ORS. vs PASHUPATI RAI AND ORS. · Niyam