AIR 1973 SUPREME COURT 893 ::1973 (1) SCC 527 ::1973 3 SCR 411 ::1973 SCD 318

Supreme Court Of India

(From : Allahabad)*

Hon'ble Judge(s): I. D. Dua, C. A. Vaidialingam , JJ

Utter Pradesh Zamindari Abolition and Land Reforms Act (1 of 1951) , S.18(1)(a)— Bhumidhari rights in lands can be claimed by a co-sharer even if he is not in actual cultivatory possession. Second Appeal No. 397 of 1956, D/- 27-7-1965 (All), Reversed.AIR 1966 All. 173, Overruled. Brief Note :- (A) The expression "possession" in cl. (a) must be deemed to connote not only actual physical possession but also constructive possession in view of the fiction created by the expression "deemed to be held".(Para 9 10)