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PETITIONER: THE UPPER GANGES SUGAR MILLS LTD.
Vs.
RESPONDENT: KHALIL-UL-RAHMAN AND OTHERS.
DATE OF JUDGMENT: 06/09/1960
BENCH: WANCHOO, K.N. BENCH: WANCHOO, K.N. SINHA, BHUVNESHWAR P.(CJ) GAJENDRAGADKAR, P.B. GUPTA, K.C. DAS SHAH, J.C.
CITATION: 1961 AIR 143 1961 SCR (1) 564 CITATOR INFO : RF 1965 SC 54 (18) F 1968 SC1351 (8,9,10) RF 1981 SC1005 (3) E 1990 SC 471 (5,8,9,10,13,14)
ACT: Tenancy-Adhivasi right, acquisition of-Possession continued under stay orders of courts-Whether such Possession is on behalf of courts-Person recorded in possession as thekadar- Whether an occupant in his own right U. P. Zamindari Abolition and Land Reforms Act, 1950, (U. P. 1 of 1950), S. 20(b).
HEADNOTE: The landlord granted a theka to the company for 10 years ending with 1356 F which was renewed up to 1355 F (June 1948). On the company’s refusal to vacate on the expiry of the theka the landlord filed a suit for ejectment under the U. P. Tenancy Act, 1939. The suit was resisted by the company on the ground that it has become a hereditary tenant under S. 29 of that Act. The suit was decreed on November 3,- 1948, and an appeal and a second appeal against the decree also failed, but the company remained in possession of the land on account of stay orders granted by the appellate courts. In execution the landlord obt...