Supreme Court of India · 1985-08-06
SABOJ KUMAR BOSE vs KANAILAL MONDAL & ORS.
- Citation / case number
- SC 1971/60321
- Court
- Supreme Court of India
- Petitioner
- SABOJ KUMAR BOSE
- Respondent
- KANAILAL MONDAL & ORS.
- Author
- R.B. MISRA
- Bench
- R.B. MISRA
Judgment text excerpt
The Supreme Court held that under Section 6 of the West Bengal Estates Acquisition Act, 1953, tank fisheries do not vest in the State but are retained by intermediaries. The Court clarified that khas possession is not a necessary condition for an intermediary to retain property rights. It was determined that the plaintiffs, recognized as tenants by the government, retained their rights in the tank fishery and were entitled to recover rent for the years 1361 and 1362 B.S. The appeal was dismissed, affirming the lower courts' decisions.