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Hira Lal And Another vs Gajjan And Others on 30 January, 1990 cites

Nath Singh And Others vs The Board Of Revenue And Others on 21 March, 1968

"The word 'occupant' is not defined in the Act. Since khasra records possession and enjoyment the word 'occupant' must mean a person holding the land in possession or actual enjoyment. The khasra, however, ma mention the proprietor, the tenant, the sub-tenant and other person in actual pos- session, as the case may be. by occupant is meant the person in actual possession it clear that between a proprietor and a tenant the tenant and between a tenant and the sub-tenant the latter and 170 between him and a person recorded in the remarks column as "Dawedar qabiz" the dawedar qabiz are the occupants.' ' In Nath Singh & Ors. v. The Board of Revenue & Ors., [1968] 3 SCR 498 in answering the contention that the cor- rectness of the entry in the record of Khasra of 1356 Fasli could be gone into and where the respondents are recorded only as sub-tenant and not as occupant, they could not get the benefit of section 20(b)(i) of the Act, this Court held as under:
Supreme Court of India Cites 16 - Cited by 6 - G K Mitter - Full Document

R. Ramachandran Ayyar vs Ramalingam Chettiar on 10 August, 1962

In this view the appellant was granted a decree reversing the decision of the lower courts. The main contention advanced on behalf of the appellants before us is that the decision having been rendered by the trial court and the first appellate court on the basis of the finding of fact regarding the right claimed and the possession alleged, in the absence of any substantial ques- tion of law, there was no jurisdiction of the High Court under section 100 C.P.C. to disturb the finding of a concur- rent nature and upset the decision. The High Court, while exercising its power under section 100 C.P.C., has no juris- diction to interfere with the finding of fact recorded by the first appellate court. Reliance was placed on V. Rarna- chandra Ayyar & Anr. v. Ramalingam Chettiar & Anr., AIR 1963 SC-302. Section 100(1)(c) refers to a substantial error or defect in the procedure. The error or defect in the proce- dure to which the clause refers is not an error or defect in the appreciation of 169 evidence adduced by the parties on the merits. Even if the appreciation of evidence made is patently erroneous and the finding of fact recorded in consequence is grossly errone- ous, that cannot be said to introduce a substantial error or defect in the procedure. If in dealing with a question of fact the lower appellate court has placed the onus on wrong party and its finding of fact is the result substantially of this wrong approach that may be regarded as a defect in procedure. When the first appellate court discarded the evidence as inadmissible and the High Court is satisfied that the evidence was admissible that may introduce an error or defect in procedure.
Supreme Court of India Cites 8 - Cited by 225 - P B Gajendragadkar - Full Document

Amba Prasad vs Abdul Noor Khan And Ors on 17 April, 1964

The substantial issue in the present suit was whether the respondent was in possession of the disputed land. The respondent claimed possession under his father as sub-tenant and thereafter as sirdar. In support of his claim respondent relied on the entries in the revenue records and the re- ceipts for payment of rent. The effect of these documents had been wholly ignored by the lower courts on the assump- tion that these were fabricated. The U.P. Zamindari Aboli- tion Act came into force on July 1, 1952. Section 20(b)(i) of the Act provided that every person, recorded as occupant of a land in the Khasra or Khatauni of 1356 Fasli prepared under sections 28 and 33 of the U.P. Land Revenue Act 190 1, be called the adhivasi of the land. This Court in Amba Prasad v. Abdul Noor Khan & Ors., [1964] 7 SCR 800 examined the scheme of the section and held that the title to posses- sion as adhivasi depends on the entry in the Khasra of 1356 Fasli. The section eliminates enquiries into possession in accepting the record in the Khasra.
Supreme Court of India Cites 13 - Cited by 15 - M Hidayatullah - Full Document
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