AMAR SINGH JAGRAM (DEAD) BY LRS. vs CHANDGI S/O DEEP CHAND

The Supreme Court held that under Section 26 of the Consolidation Act, rights of non-occupancy tenants and encumbrance holders are transferred to substituted holdings upon repartition. The Court clarified that the Consolidation Officer has jurisdiction to grant possession to encumbrance holders based on their rights in original holdings. The High Court's view that Section 26 does not create independent rights was rejected, affirming that such rights exist and must be recognized in the consolidation process.