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C/M Durga Narain College And Adity ... vs State Of U.P. Thru Prin. Secy. Reveneu ... on 18 May, 2018
cites
Section 4 in The U.P. Zamindari Abolition and Land Reforms Act, 1950 [Entire Act]
Section 4 in The Army Act, 1950 [Entire Act]
Section 117 in The U.P. Zamindari Abolition and Land Reforms Act, 1950 [Entire Act]
Section 117 in The Army Act, 1950 [Entire Act]
Section 6 in The Army Act, 1950 [Entire Act]
Section 9 in The Army Act, 1950 [Entire Act]
The United Provinces Encumbered Estates Act, 1934
Section 73 in The Transfer Of Property Act, 1882 [Entire Act]
State Of Uttar Pradesh Etc vs Smt. Ram Kumari Devi Etc on 15 February, 1996
The Court held that appurtenance had a distinct and different meaning as to what would be necessary for the enjoyment and used for the purpose of the building would be appurtenant land. It quoted the definition of appurtenance in relation to a dwelling or to school or college which would include land occupied by it and used for the purpose thereof. The Court further clarified that if some other purpose would be fulfilled by the building and the land then it would not fall within the expression appurtenance. The Court further held that in short the touch stone of appurtenance is dependence of the building on what pertains to it for its use as a building.