K.C. SINGH DEO versus NILADRI SAHU (DEAD) BY LRS. AND ORS.

Citation: [1999] 3 S.C.R. 538 · Decided: 12-05-1999 · Supreme Court of India · Bench: S. RAJENDRA BABU · Disposal: Appeal(s) allowed

Judgment (excerpt)

A 
K.C. SINGH DEO 
v. 
NILADRI SAHU (DEAD) BY LRS. AND ORS. 
MAY 12, 1999 
B 
[S. RAJENDRA BABU AND S.N. PHUKAN, JJ.] 
Orissa Land Reforms Act, 1960-Section 4(1) (h)-Raiyats--Claim of 
status of-Vested land-Possession of land is a condition for acquiring such 
Raiyati right-Date of possession-Held, it would depend on nature of claim 
C put up by a person for his Raiyati right. 
Respondents filed an application for declaration as Raiyats u/s 4(1) (h) 
of Orissa Land Reforms Act, 1960. The estate was abolished by Orissa 
Estate Abolition Act, 1951 and the land vested in the Government free from 
D all encumbrances w.e.f. 1-6-1953. The appellant filed objection.on the ground 
that the land in question belonged to the deity of Sri Jagannath of which the 
appellant was a trustee. The Revenue Officer rejected both the applications 
while holding that the respondents failed to prove possession of the land and 
the appellant also did not take any step for declaration that it was a trust 
estate. In appeal the High Court after interpreting Section 4 (1) (h) of the 
E Act of 1960 did not agree with the findings of the Board of Revenue that 
possession of land by the person on date of visiting is necessary for the 
purpose of declaration as a Raiyat. This appeal has been filed against the 
judgment of the High Court. 
F 
Allowing the appeal partly, this Court 
HELD : To acquire the status of Raiyat under Clause (h) of sub-section 
(1) of Section 4 of the Orissa Land Reforms Act, 1960, the land has to be 
a vested estate and such land is held by the person under the Government 
and (a) the person holding the land is a temporary lessee doing personal 
G cultivation on the land for agriculture purpose or (b) holds it mediately or 
immediately under temporary lessee or (c) is successor in interest of any 
such person. Therefore, possession of the land is a condition for acquiring 
such Raiyati right. (542-F-H] 
1.2. By the Orissa Estates Abolition Act of 1951, right, title and 
H interest of all intermediaries over land were abolished and such rights in 
538 
-
·~ 
K.C. SINGH DEO v. N. SAHU [S.N. PHUKAN, J.) 
539 
respect of the land vested in the Government free from all encumbrances. A 
Such land after vesting is called vested land. There is no dispute in the case 
in hand that the land in question is a vested land. (542-H; 543-A] 
1.3. After the enactment of the Act of 1951 legislature enacted the 
present Act and from the preamble of the Act one can find that it was so 
enacted as a j>rogressive price of legislation relating to agrarian reforms of B 
land in order to confer better rights on agriculturists. After abolition of 
right of intermediateries, steps had to be taken by enacting the Act to give 
rights on land to the tillers of the soil. Unless a person is in actual physical 
possession of land the question of personal cultivation could not arise and, 
therefore, he cannot claim Raiyat right. Therefore, possession is a must for C 
the purpose of considering whether a person has acquired the status of 
Raiyat under Clause (h) of sub-section (1) of Section 4 of the Act. 
[543-B-F] 
1.4. Date of possession would depend on nature of the claim put up by 
a person of his Raiyati right and this date is to be decided by the revenue D 
authority in ttrms of sub-section (2) of Section 4 of the Act. (544-B-C) 
CIVIL APPELLATE JURISDICTION : Civil Appeal No. I 0361 of 
1996. 
From the Judgment and Order dated 24.12.86 of the Orissa High Court E 
in O.J.C. No. 602of1978. 
Janaranjan Das for the Appellant. 
P.N. Mishra, (S. Mishra) for Ms. Rekha Palli and Ms. R.S. Jena for the 
Respondents. 
The following Judgment of the Court was delivered by 
F 
S.N. PHUKAN, J. This appeal is directed against the judgment of the 
Orissa High Court in O.J.C. No. 602of1978. By the impugned judgment and 
order, the High Court after interpreting Section 4(1)(h) of Orissa Land Reforms 
Act, 1960 (for short the Act) did not agree with the findings of the Board of G 
Revenue that under the above section possession of land by the person on 
date of vesting is necessary for the purpose of declaration as a Raiyat. 
Shortly stated facts are as follow: 
Respondent Nos. 1, 2 and 3 filed an application for declaration as 
Raiyats under Section 4(l)(h) of the Act for Survey Plot Nos. 719, 915, 804, H 
540 
SUPREME COURT REPORTS 
[1999] 3 S.C.R. 
A 805, 297, 266 and 957 in village Padampur where respondents reside. This 
village was part of the estate of Badagada a

Excerpt shown. Read the full judgment & AI analysis in Lexace.