UNION OF INDIA AND ORS. versus ROBERT ZOMAWIA STREET

Citation: [2014] 4 S.C.R. 156 · Decided: 27-03-2014 · Supreme Court of India · Bench: C.K. PRASAD · Disposal: Appeal(s) allowed

Cited by 1 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

A 
B 
c 
[2014) 4 S.C.R. 156 
UNION OF INDIAAND ORS. 
v. 
ROBERT ZOMAWIA STREET 
(Civil Appeal No. 4041 of 2014) 
MARCH 27, 2014 
[CHANDRAMAULI KR. PRASAD AND PINAKI 
CHANDRA GHOSE,JJ] 
CANTONMENTS: 
Old grant -- Suit land comprising bungalow situated in 
cantonment area -- Plaintiff in possession of suit property 
through a will - General Land Register(GLR) entries showing 
suit land being managed as Class 8-3 land - Held: Entries 
made in GLR are conclusive evidence of title - In the instant 
D c3se, entries made in GLR show that suit land is an old grant 
and is managed by plaintiff as 83 land - Class 83 is such 
land which is held by any private person subject to the 
conditions that Central Government has proprietary rights over 
it -- Plaintiff has not been able to establish his title over suit 
E land - He held the land, but being an old grant, Central 
Government has the right of its resumption and, therefore, it 
cannot be said that plaintiff possesses the land as owner -
Trial court rightly dismissed plaintiff's suit - Military Land 
Manual - Chapter JI- r.3 - Maxim, 'nemo dat quid non habet'. 
F 
LAND LAWS: 
'Old Grant' -- Connotation of -- Held: The tenures under 
which permission is given to civilians to occupy Government 
land in the cantonment for construction of bungalows on the 
G condition of a right of resumption, if required, are known as 
old grant tenures. 
H 
156 
UNION OF INDIA AND ORS. v. ROBERT ZOMAWIA 
157 
STREET 
WORDS AND PHRASES: 
Word 'held'- Connotation of. 
A 
In a suit for permanent injunction restraining the 
defendants i.e. Union of India and Military Authorities, 
from interfering with plaintiffs possession and title over 
8 
suit property i.e. land admeasuring 4.261 acres 
comprising a bungalow within the cantonment area, the 
plaintiff claimed ownership of the suit property through 
a will. The stand of the defendants was that the 
Government of India was the owner of the suit land and 
C 
had granted it free of rent to predecessors-in-interest of 
the plaintiff in the year 1880 as old grant; that the land 
was classified as B-3 land in GLR entries as "held by a 
private person". The trial court dismissed the suit. The 
first appeal of the plaintiff was also dismissed. However, 
D 
the High Court, in the second appeal filed by the plaintiff 
set aside the findings recorded by both the courts below 
and decreed the suit 
Allowing the appeal, the court 
E 
HELD: 1.1 It is settled legal position that the entries 
made in the General Land Register maintained under the 
Cantonment Land Manual are conclusive evidence of 
title. Chapter II of the Military Land Manual, inter alia, 
provides for classification and transfer of land, standard 
F 
table of rent and management. Rule 3 of Chapter II of the 
Military Land Manual, casts duty on the Military Estate 
Officer to prepare in prescribed form a General Land 
Register of all lands in the Cantonment. In the Instant 
case, the entries with regard to suit land made in the GLR" G 
show that it is an old grant and that it is managed by the 
plaintiff as 83 land. Class 83 is such land which is held 
by any private person subject to the conditions that the 
Central Government has proprietary rights over it. 
Evidently, the plaintiff held the land, but the word "held" 
H 
158 
SUPREME COURT REPORTS 
[2014) 4 S.C.R. 
A does not necessarily mean to own with legal title. Being 
an old grant, Central Government has the right of its 
resumption and, therefore, it cannot be said that plaintiff 
possesses the land as owner. [para 10,11 and 13) [166-
B 
G; 167-D-E; 168-E-H] 
Union of India v. Ibrahim Uddin, 2012 (8) SCR 35 = 
(2012) 8 SCC 148; Chief Executive Officer v. Surendra 
Kumar Vakil 1999 (2) SCR 118 = (1999) 3 SCC 555; and 
Union of India v. Kam/a Verma (2010) 13 SCC 511 -- relied 
C on. 
1.2 The tenures under which permission is given to 
civilians to occupy Government land in the cantonment 
for construction of bungalows on the condition of a right 
of resumption, if required, are known as old grant 
D tenures. It is governed by regulation contained in Order 
No. 179 of 1836 which is self contained and provides for 
the manner of grant and resumption of land in 
cantonment area. In respect of old grant tenure, the 
Government retains the right of resumption. The GLR in 
E unequivocal terms describes the nature of holder's right 
as "old grant". Thus, the plaintiff has not been able to 
establish his title over the suit land and, therefore,

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