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  • Clause (4) of s. 72 of the chota Nagpur Tenancy Act
  • s. 72, cl. (4) of the Chota Nagpur Tenancy Act
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  • Clause (4) of s. 72 of the chota Nagpur Tenancy Act
  • s. 72, cl. (4) of the Chota Nagpur Tenancy Act
Smart Summary

Factual and Procedural Background

This is an application against the conviction and a fine of Rs. 30 imposed on the petitioner under s. 426 (mischief) and s. 447 (criminal trespass) of the Indian Penal Code by the Magistrate of Daltonganj (Third Class) by order dated 26 August 1927. The conviction and sentence were upheld by the Officiating Deputy Commissioner of Palamau by order dated 18 November 1927. The petitioner is the landlord of the land in dispute. Sheosaran Singh was the raiyat; the complainant, Hulsan Chamar, was an under-raiyat under Sheosaran Singh. Sheosaran Singh surrendered the land to the petitioner on 6 June 1927. The petitioner settled the land with Ram Krishna Ganderi and Bhadai Ganderi. The complainant's case was that on 18 July 1927 the petitioner, with the Ganderis, ploughed the land and uprooted seeds already cast by the complainant.

Legal Issues Presented

  1. Whether, after the surrender of the holding by the raiyat, the landlord was entitled under s. 72, cl. (4) of the Chota Nagpur Tenancy Act to enter the holding or let it to others and thereby not be guilty of criminal trespass or mischief.
  2. Whether the landlord was required to bring an ejectment suit or give notice before entering the land against an under-raiyat who opposed entry.

Arguments of the Parties

Complainant's Case

  • The petitioner, together with the two Ganderis, came to the land on 18 July 1927, ploughed it and uprooted seeds previously sown by the complainant.

Petitioner's Position

  • The petitioner, as landlord, received surrender of the holding from the raiyat and was entitled under s. 72, cl. (4) of the Chota Nagpur Tenancy Act to enter the holding and either let it to another tenant or take it into cultivation himself.
  • The petitioner settled the land with Ram Krishna Ganderi and Bhadai Ganderi and went to the land to see that his lessees obtained possession; his act was a bona fide claim of right.

Officiating Deputy Commissioner's View

  • While accepting the landlord's right to take possession, he held the landlord was not "entitled to enter forcibly upon the land if the under-raiyat opposes" and stated that the proper course would have been to bring an ejectment suit against the under-raiyat.

Table of Precedents Cited

Precedent Rule or Principle Cited For Application by the Court
Guru Charan Hajjant v. Suklal Hajam That no notice or formality is required to eject an under-raiyat; ejectment of an under-raiyat is governed by common law and he is treated as a tenant-at-will. Used to support the proposition that the landlord could enter on the holding after surrender and was not required to follow a special ejectment procedure.
Ram Narain Sahu v. Maangru Urao Same proposition as cited above regarding ejectment of under-raiyats. Cited to reinforce that no statutory mode of ejectment applies to under-raiyats and landlord may enter.
Ram Krishna Singh v. Emperor Same proposition as cited above regarding ejectment of under-raiyats. Applied to support the view that an under-raiyat can be treated as a trespasser after surrender by the raiyat.
Jang Bahadur Singh v. Emperor Same proposition as cited above regarding ejectment of under-raiyats. Relied upon to show that no special notice or formal ejectment is required for under-raiyats.
Bridge's Survey and Settlement Report of Palamau District (1913-20), para. 251, page 105 Support for the view that an under-raiyat is to be treated as a tenant-at-will and that landlord may ignore an under-raiyat when entering after acquiring right. Used as authoritative support for treating under-raiyats as not requiring formal ejectment procedures.

Court's Reasoning and Analysis

The court found that the complainant's status as an under-raiyat was not disputed and that his right derived from Sheosaran Singh, the raiyat. Sheosaran Singh surrendered the holding; consequently the petitioner, as landlord, acquired the statutory right under s. 72, cl. (4) of the Chota Nagpur Tenancy Act "to enter on the holding and either let it to another tenant or take it into cultivation himself." The court referred to the definition of under-raiyat in s. 4, cl. (3) of the Act and noted there is no provision prescribing a mode of ejecting an under-raiyat as there is for other classes of raiyats. Relying on the cited decisions and the Bridge report, the court held that an under-raiyat is governed by common law—treated as a tenant-at-will—and that no notice or formal ejectment is required. Once the raiyat surrendered the holding the under-raiyat's position ceased and, vis-à-vis the landlord, became that of a trespasser. Applying these principles to the facts, the court concluded the petitioner's act of settling the land with the Ganderis and assisting them to obtain possession constituted a bona fide claim of right and therefore did not amount to criminal trespass or mischief.

Holding and Implications

Conviction of the petitioner is set aside.

Direct effects: the conviction and sentence (fine of Rs. 30) imposed by the Magistrate were overturned and any fine realized is to be refunded. The opinion applies existing principles on under-raiyats and does not purport to establish a new rule beyond those authorities cited.

    Har Prasad Singh v. Hulsan Chamar Opposite Party.

    1. This is an application against the conviction and the sentence of fine of Rs. 30 passed on the petitioner under s. 426 (mischief) and s. 447 (criminal trespass) of the Indian Penal Code by the Magistrate of Daltonganj exercising Third Class powers, by his order of the 26th August, 1927. The conviction and the sentence have been upheld by the Officiating Deputy Commissioner of Palamau by his order, dated the 18th November, 1927.

    2. The petitioner is the landlord of the land in dispute. Sheosaran Singh (D.W No. 7) was a raiyat of the land.

    3. The complainant Hulsan Chamar was an under-raiyat under Sheosaran Singh. Sheosaran Singh surrendered the land in favour of the petitioner on the 21st Jaith 1334 (corresponding to 6th June, 1927). The petitioner as landlord settled the land with Ram Krishna Ganderi and Bhadai Ganderi. The case of the complainant is that on the 18th July, 1927, the petitioner with, the aforesaid Gan-deris came to the-land and ploughed it and uprooted the seeds which were already cast on the land by the complainant.

    4. The status of the complainant in the land is not disputed. He was an under-raiyat holding the land under Sheosaran Singh, the raiyat thereof. His right in the land was created by Sheosaran Singh and was co-extensive. Sheosaran Singh surrendered the holding. There was no relationship of any kind between the complainant and the petitioner, the superior landlord. Only Sheosaran Singh being the raiyat of the land and the ielationship of landlord and tenant between him and the petitioner stood in the way of the petitioner getting khas possession of the land. Sheosaran Singh having surrender-ed the holding at the end of the agricultural year, the petitioner-landlord was entitled under s. 72, cl. (4) of the Chota Nagpur Tenancy Act to “enter on the holding and either let it to another tenant or take it into cultivation himself.” In the present case he exercised his right by letting it out to the aforesaid Ganderis.

    5. The complainant in his evidence admits that the “two Ganderis have been settled by the accused.” He admits that they are not his servants or men. Therefore, the petitioner accepted the case of the prosecution. He went to the land not with a view to take khas possession thereof, but to see that his lessees, the two Ganderis get possession of the land. The complainant says that the petitioner cultivated the land with the help of the Ganderis, which supports the view that the land was not intended to be taken khas possession of by the petitioner but that the Ganderis had obtained lease of the land and were trying to obtain possession thereof and the landlord helped them, which he was bound to do having settled the land with them.

    6. The learned Deputy Commissioner does not dispute the right of the petitioner-landlord to take possession of the land, but he says that he is not “entitled to enter forcibly upon the land if the undei-raiyat opposes.” Further he says that “the proper course for appellant should have been to have brought an ejectment suit against the respondent for the holding in question.” Clause (4) of s. 72 of the chota Nagpur Tenancy Act does not require that he should bring an ejectment suit. It gives him a right to enter on the laud and either to let it to another or take into cultivation himself. Under-raiyat “has been defined in a. 4, el. (3) of the Chota Nagpur Tenancy Act to be a tenant holding whether immediately or mediately under a raiyat. An xmdev-raiyat is a tenant different from the other classes, such as, an occupancy raiyat, non-occupancy raiyat, etc. There is no provision in the Act prescribing the mode of ejecting an under-raiyat such as in the case of other kinds of raiyats notably non-occupancy raiyats. No notice or any formality is required to eject an umder-raiyat, vide Guru Charan Hajjant v. Suklal Hajam(1), Ram Narain Sahu v. Maangru Urao(2), Ram Krishna Singh v. Emperor(3) and Jang Bahadur Singh v. Emperor(4). The ejectment of an under-raiyat will be governed by the common law. He will be treated merely as a tenant-at-will, Bridge's Survey and Settlement Report of Palauiau District (1913-20), para. 251, page 105, also supports this view. The landlord is not bound to take notice of an nadei-raiyat because he is not supposed to have been brought on the land by him and he can ignore him and the moment he acquires a right to enter upon the land he can do so inspite of the land having been previously in possession of an undev-raiyat. After the surrender by the raiyat of his holding, the right of an under-raiyat ceases and his position becomes that of a trespasser, so far as the landlord is concerned.

    7. Therefore the action of the landlord in the present case in letting out the land in question to the Ganderis and in trying to Bee that they get possession of the land was a bona fide claim of right and so he cannot be convicted of criminal trespass or mischief.

    8. The conviction of and the sentence passed on the petitioner are set aside, and the fine, if realised, will be refunded.

    9. Conviction set aside.

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    Comments

    Har Prasad Singh v. Hulsan Chamar Opposite Party.
    (Feb 8, 1928)