Sub-Lessee Cant Acquire Status Of Tenure Holder Under UP Land Ceiling Act If Sub-Lease Was Contrary To Conditions
Case: Hardev Singh v. Prescribed Authority, Kashipur And Anr.
Corum: Justices S. Abdul Nazeer and Krishna Murari
Case No.: Civil Appeal No. 2295 of 2010
Court Observation: “The very purpose behind enactment of the Ceiling Act is to prescribe a ceiling limit on the area of land held by a ‘tenure holder’ for the purpose of securing the interest of the community at large to ensure increased agricultural production and to provide land for landless agricultural labourers with a view to have equitable distribution of land.”
“Though, the conditions of grant allowed sub-lease of the land in the ordinary course of agriculture but contrary to the terms of grant, the sub-lessee can claim no independent tenancy right so as to frustrate the terms and tenure of the grant, as the sub-lease executed for ordinary course of agriculture cannot be treated as transfer for want of compliance of the conditions enumerated in the Clause itself. Thus, the appellants in their capacity as sub-lessee shall not acquire the status of an independent tenure holder.”
“Thus, the appellant being a sub-lessee continues to be an ostensible holder of land and the government grantee, the Respondent No. 2, to be the real holder and the ceiling authorities as well as the High Court have rightly dismissed the claim of the appellant.”
Previous Posts
Subordinate Legislation/Statutory Rules Also A ‘Law’ Under Section 23 Contract Act: Supreme Court
NCLAT Has No Jurisdiction To Condone Delay Exceeding 15 Days From Period Of 30 Days, Contemplated U/s 61(2) IBC: Supreme Court Download Judgement
