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PETITIONER: HARIHAR PRASAD SINGH AND ANOTHER
Vs.
RESPONDENT: MUST. OF MUNSHI NATH PRASADAND OTHERS.
DATE OF JUDGMENT: 16/01/1956
BENCH: AIYYAR, T.L. VENKATARAMA BENCH: AIYYAR, T.L. VENKATARAMA BOSE, VIVIAN AIYAR, N. CHANDRASEKHARA
CITATION: 1956 AIR 305 1956 SCR 1
ACT: Occupancy Bight-If can be acquired by lessce from mortgage- Presumption of record of rights-How rebut ted-Proprietor’s private land-Mode of proof-Bihar Tenancy Act (VIII of 1885), ss. 5(3) 21, 103-B, 120(2)-Transfer of Property Act (IV of 1882), s. 76(a) -Evidence Act (I of 1872), s. 90.
HEADNOTE: The appellants were the purchasers of the mortgagors’ interests in the agricultural lands in suit and deposited the amounts due on the mortgages in court under s. 83 of the Transfer of Property Act, which were withdrawn by the representatives of the mortgagees and the mortgages were redeemed. They were obstructed in taking khas possession of the lands by tenants who were recorded as "settledraiyats" in the finally published record of rights and brought the suit for recovery of possession from the tenants and, alternatively, for damages against the representatives of the mortgagees. The subordinate Judge found that the lands were the private lands of the proprietors and the tenants were inducted not by them but by the mortgagees in possession by a lease for a term which ...