...resumption of leased land measuring 5532 sq.mts. out of total extent of 7844 sq.mts on the ground that the same is un-utilized and took over possession of the said extent of ...Heard on I.A.2/2017 for impleading. Since, petitioners have sought for only writ of mandamus, at this stage, it is not proper to entertain the application for impleading. Accordingly..., I.A.2/2017 stands rejected. 2. In the instant petition, petitioners have prayed for the following relief: a) for a writ of mandamus...

...Section 10, a landlord who in good faith requires for his personal cultivation any land leased by him to a cultivating tenant shall be entitled to resume possession of the land, so however, that the total extent ...cultivating tenant with the same rights and on the same terms and conditions as the lands were held before resumption. Except conferring a right to resume the land of not more than half of the leased ...provisions of the ceiling act would be applicable to the landlord templeeeking resumption of leased land from the ienant. 16. Reading of Section 23 of...

...therefore, the plaintiff even if he was the successor-in-interest could under no circumstances, claim absolute ownership. It was also alleged that they had taken action for resumption of the leased land for...of the resumption of the leased land, was compensation for the structures; that the claim was not entertained as the structures were unauthorised; and that if there was any dispute or outstanding claim...transaction, the transferee accepting the terms of transfer.10. In this case the plaintiff claims that the suit land was leased in perpetuity by the General Officer...

...years and since the bhumiswamis failed to apply for resumption of the land leased out there was thus contravention of sub-section (1) of Section 168 of the Code. In proceedings before the...had set aside the findings of the first appellate court that the appellant had acquired bhumiswami rights under the Madhya Pradesh Land Revenue Code, 1959 (for short “the Code”). The appellant was the...defendant in civil suit filed by the respondent-plaintiff for possession of agricultural land and for mesne profits. The trial court decreed the suit for possession but did not grant relief for mesne...

...extent of land viz., Ac. 3.00 was allotted to his share. Thereafter, he filed A.T.C 10 of 1984 before the Principal District Munsif (Special Officer), Eluru for resumption of land for his personal...petition viz., W.P No. 7486 of 1985 contending that there was no case for any resumption of land at all was dismissed. The landlord's writ petition viz., W.P No. 10073 of 1985 which was for ...of the learned District Judge restricting the resumption to 50% of the leased out land must be restored. The learned counsel for the 1st Respondent-landlord supported the order of the learned sing...

...of 1 acre 42 cents of land leased to the tenant who is the revision petitioner. The application was filed under S. 4.A(1) of the Tamilnadu Cultivating Tenants Protection Act, XXV ...half of the extent of the land leased out to the tenant. The landlord prayed for resumption on the ground that he wanted to do personal cultivation. The right of the...landlord for resumption under S. 4A(1) of the Tamilnadu Act XXV of 1955 is absolute and is not qualified by the sub-sections. However, by reason of S4(3)(b) of Tamilnadu Cultivating...

...petitioner as aforesaid that the petitioner had utilized only 0.48 acres of lease hold land out of 2.50 acres of land earlier leased to the petitioner and the resumption of the ...2.02 acres of land was justified.6. Having heard learned counsel for the parties, it appears that the impugned order by which the resumption of 2.02 acres of land out of 2....Lease for the period 1978 to 2008 for 30 years, by the impugned letter, only 0.48 acres of land out of 2.50 acres of land earlier leased to the petitioner, has been allowed for renewal subject to...

.... (2) The 3rd respondent (landlord) , a temple, applied for resumption of land leased out to the petitioner. The total extent of the land leased out is ac. 860 cents. Thi...amendment act 39 of 1974. The said amendment was, however, brought into force only on, and with effect from 1. 7. 1980. It provides for resumption of land leased out by a landlord for his personal...cultivation any land leased by him to a cultivating tenant shall be entitled to resume possession of the land, so however,that the total extent of the land, held by the landlord under his personal...

...labour. In such a case, the right of the lessor to resume the leased land would be subject to the conditions stated in clauses (b) and (c) of sub-section (5) of section 33-B. In ...allowing the resumption of the land by the landlord. The purport is to ensure that the landlord and the tenant are ordinarily kept in pari delecto position in relation to possession of lands. So, the landlord will ...their occupation being that of agricultural labour, the resumption of the leased land cannot be permitted. Reference is made to Jai Prakash Gupta...

...holding of the land included in RS No. 48/1 but it rejected the appellant's prayer for resumption with regard to the other holding. The appellant as well as the tenant both preferred appeals before...error in permitting resumption of half of the land from RS No. 48/1. The District Judge accepted the tenant's contention and allowed the appeal and dismissed the landlord's appeal. The appellant...leased, a fragment within the meaning of that Act. These provisions clearly lay down that no resumption shall be permitted if it results in fragmentation of the holding, and further that if the...

...vest in the Corporation in a relationship of lesser or lessee or sub-lessee. Thus, before exercising the right of resumption of possession of a leased land, le...required to be first determined under Section 111 of the Transfer of Property Act and only thereafter, resumption of possession of a leased land can be done by ..., any resumption of the possession of the leased lands can only be through the process of law necessitating an eviction decree and execution thereof and there cannot be any...

...terminate the tenancy should be limited to half the area of the land leased' out to them. In that view he ordered resumption of half of the total area of the land leased...protected tenant who is for the time being a member of a co - operative farming society (section 44 (8)). (2) a landholder cultivating personally an extent of land equal to three times the family ...is equal to a basic holding. To take an example: if the extent of the land owned by the landholder (i. E. Extent of land leased) is forty acres dry land and the basic holding is sixteen acres dry...

...resumption of the possession of the leased land." 3. Respondent No. 1 in his written-statement admitted that 59 kanals and 6 marlas of acquired evacuee land was leased out to the...leased out to the petitioner. He admitted that lease of the aforesaid land purchased by the State Government was to be granted by a Committee to certain class of persons initially for 10 years. The...adjoins the Indo Pakistan border. The lease of Muslim evacuee banjar qadim ghair mumkin, parcel of land forming khasra Nos. 1142/557, 786, 970, 830, 831, 833 min, and 836, (59 Kanals and 8 Marlas in area...

...landless poor persons too, though in name sub-section (2) purports to save them from the cancellation. The learned Judges of the Division Bench proceeded to illustrate that if the land is held by two...persons A and B who do not own any land of their own and A is a tenant of a land to an extent of Ac 2.50 cents wet, B is also a tenant of a land to an extent of Ac 2.60 cents wet...Area) Tenancy and Agricultural Land Act, 1950 (hereinafter referred to as “the Telangana Act”) are still in force. These enactments have not been excluded in the application to lands held by tenants of...

...Prevention of Fragmentation and Consolidation of Holdings Act, 1947, or in making any part of the land leased a fragment within the meaning of that Act.”6. The contention a...High Court of Bombay, what is to be seen is as to whether as a result of an order passed either for resumption or for termination the tenant will remain in possession of half the area of the land ...landlord and whether not less than half the area would remain with the tenant. In my view, what is required to be seen is whether not less than half the area of the land leased out to the tenant remains with the tenant. The...

...the Appellant submitted that the First Appellate Court has erred both on fact and law in arriving at a conclusion in favour of the resumption of the land leased out to the Plaintiff by the Defendant...to, as they have been arraigned in the Suit. 3. The Plaintiff's case is that on 12.01.1979, the Defendant-State leased out a piece of land extending 210X207.1/2...land be vacated within three months thereof. The Plaintiff claims that the said resumption of land by notice as given are not only in opposition to the terms and conditions of the lease deed but in...

...exercising the right of resumption of possession of a leased land, lease is required to be first determined under Section 111 of the Transfer of Property Act..., resumption of possession of a leased land can be done by taking recourse to the due process of law. 74. It is a well settled law that s...Act will squarely apply and therefore, any resumption of the possession of the leased lands can only be through the process of law necessitating an eviction decree and execution...

...vesting under Section 15(6) of the Act disentitles the claimant to be registered as an occupant of the land in dispute as the same belonged to a soldier. Section 15 of the Act provides for resumption ...time, the land in dispute was leased to the claimant - Chandrappa and he was not a tenant of the land in dispute. She submits that the claimant was holding other lands in the same village and she also...Act provides for prohibition of leases, etc., but it makes an exception in respect of a tenancy created or continued by a soldier or seaman and Section 15 of the Act provides for resumption of ...

...Rule 54 of the U.P. Revenue Code, Rules. Sub Rule 3 of Rule 54 categorically provides that in case, where land has been leased out and the lessee has made certain improvements thereon, an order of...contention of counsel for the petitioner is that an allotment of the land namely plot nos. 861 and 874 was made in his favour in the year 1984. Proceedings for cancellation of the allotment had been...since there is already an order of status quo operating, the order impugned, an order of resumption could not have been passed. Prima facie, I do not find any merit in the submission of...

...extent of land which a landlord is entitled to resume. The effect of clause (1) of S. 31B is that resumption should not be made in such a manner as will result in leaving with the tenant after ...him. To that extent Cl. (1) of S. 31B has to govern an application for resumption of land in the Bombay area. The resumption should not be ordered in such a manner as will result in leaving with the tenant...land is a statutory right conferred by the Act.4. S. 14 of the Mysore Act makes provision for resumption of land from tenants. It provides for a statement...