RAGHUNANDAN SINGH & ORS. vs BRIJ MOHAN SINGH & ORS.

The Supreme Court held that to qualify as a hereditary tenant under Section 12 of the U.P. Zamindari Abolition and Land Reforms Act, 1950, three conditions must be met: possession of the land on 1st May 1950, possession under a Theka, and the Theka must be for personal cultivation. The Court found that the terms of the Theka allowed for subletting and appointing temporary tenants, indicating that the respondents did not meet the criteria for hereditary tenancy. The appeal was allowed, overruling the previous decision in Rani Dullaiya & Anr. v. Ganga Prasad, 1968 ALJ 518.