Appeal No 1 of 1976
Appeal by Special Leave from the Judgment and Order dated 23 5 1975 of the Allahabad High Court in First Appeal No 392 64
Shana Bhushan VP Goel and Subodh Markendeya for the Appellant
LN Sinha Solicitor General of India and OP Rana for the Respondent No 1
Bal Kishan Gaur and Amlan Ghosh for Respondent No 2
Yogeshwar Prasad and Rani Arora for Respondent No 3
The Judgment of the Court was delivered by KRISHNA IYER J
Two principal submissions whose implications  perhaps are of profound moment and have public impact have been at wide ranging length urged in this appeal by certificate by Shri Shanti Bhushan for the appellantdefendant and with effective brevity controvert ed by the Solicitor General for respondent1st plaintiff
The two focal points of the controversy are a Is the appeal to the High Court by the State 1st plaintiff at all competent entitlement as a party aggrieved  being absent having regard to the provisions of the UP Zamindari Aboli tion and Land Reforms Act 1950 UP Act 1 of 1951 for short the Act  and b Is it sound to conceptualise area appurtenant to buildings  in section 9 of the Act so nar rowly as has been  done by the High Court  There were two plaintiffs the State of Uttar Pradesh and the Gaon Sabha of Bedpura claiming common but alternative reliefs
The suit was for injunction or ejectment on title of the sole defendant who was the quondam zamindar of the estate  which is the subject matter of the suit
The trial Court dis missed the suit whereupon the 2nd plaintiff dropped out of the litigation as it were and the State alone pursued the matter by way of appeal against the decree
The High Court partially allowed the appeal and the aggrieved defendant is the appellant before us
An expose of the facts may now be given to the extent necessary for explaining the setting of the contention between the parties
The State of Uttar Pradesh extin guished all zamindari estates by the Act and implemented a scheme of settlement of lands with intermediaries tenants and others by first vesting all estates in the State and empowering it to vest divest and re vest flora time to time according to flexible needs and ad hoc requirements the same estate s in Gaon Sabhas or other local authorities
Settlement of trees buildings and other specified items in the intermediaries was also part of the agrarian reform
A skeletal picture of the legislation may now be projected
But before that a short sketch of the actual dispute may illumine the further discussion
The suit lands were part of an estate owned andpos sessed by the defendant zamindarini
The statutory conse quence of the abolition of all zamindaris by force of section 4 is spelt out in section 6 to wit the 1075 cesser of the ownership of the zamindar and vesting of title and possession in the State
By a notification under section 1171 of the Act the area of lands was vested by the State in the 2nd plaintiff Gaon Sabha
The legislative nullifica tion notwithstanding the defendant who had been conducting a lucrative bi weekly cattle fair the best in the district persisted in this profitable adventure strengthened by section 9 of the Act which settles in the intermediary all buildings and area appurtenant thereto
This resulted in possessory disputes between the Gaon Sabha and the defendant proceed ings under section 145 upholding the latter s possession and the present suit for declaration of title and consequential injunction or ejectment
The estate which is the site of the rural cattle mar ket has a large number of trees on it a temple in one plot a veterinary clinic in another and quite a number of cattle stands and other auxiliary structures which are facilities for the bovine display and transaction of business
Taking advantage of the provisions of the Act the defendant successfully claimed before the High Court that the trees and the two plots with the shrine and the oushadhalaya should be deemed to have been settled with her
Her ambitious demand based on some provisions which we will presently X ray more carefully was that the entire estate with all the buildings thereon was enjoyed as a unum quid and the vacant lands were as much necessary for the mean ingful running of the cattle fair as the structures them selves
To dissect and detach the buildings from the vacant spaces was to destroy the functional wholeness of the serv ice rendered
In short the large intervening areas sur rounding the chabutras and other edifices were essential adjuncts or appurtenant lands which together in their original entirety should be settled under section 9 of the Act with the erstwhile intermediary viz the defendant
The High Court declined to go the whole hog with the defendant but granted the plea to the limited degree of giving all the structures and a space of 5 yards running round each build ing 
In the view of the Court hats bazars and melas could not be held by a private owner under the scheme of the Act and reliance on the conduct of the cattle market as an indicator of appurtenant  area was therefore impermissi ble
The suit was decreed pro tanto
The Gaon Sabha when defeated in the trial Court discreetly stepped out of the risks of an appeal but the Government first plaintiff claiming to be gravely ag grieved challenged the dismissal of the suit and was faced with the plea that the land having vested in the Gaon Sabha on the issue of the notification under section 117 1  of the Act the
State had no surviving interest in the property and therefore forfeited the position of a person ag grieved who alone could competently appeal against a de cree
This contention negatived by the High Court has been reiterated before us with resourceful embellishments and that logically is the first question of law falling for our decision and is the piece de resistance if we may say so in this appeal
If the 1st plaintiff s entire interests by subsequent plenary vesting in the 2nd plain tiff have perished the former cannot as of right appeal under section 96 CPC Survival after death is unknown to 1076 real property law and suits without at least apprehended injury are beyond the ken of the procedural law
To put it in a nutshell has the State current interest in the estate sufficient to sustain an appeal  The anatomy of the Act so far as this dispute is con cerned needs to be  set out and alongside thereof the exercises in statutory construction necessary to resolve the two legal disputes
The Act had for its primary object as testified by its Preamble the extinction of intermediary rights viz zamindaris and the like
The goal of the legislation must make its presence felt while the judicial choice of meanings of words of ambiguous import or plurality of significations is made
Section 4 is the foundational provision the very title deed of the State and it runs to read section 4
Vesting of estates in the State 1  As soon as may be after the commence ment of this Act the State Government may by notification declare that as from a date to be specified all estate situate in the Uttar Pradesh shall vest in the State and as from the beginning of the date so specified herin after called the date of vesting all such estates shall stand transferred to and vest except as hereinafter provided in the State free from all encumbrances
2 It shall be lawful for the State Government if it so considers necessary to issue from time to time the notification referred to in sub section 1 in respect only of such area or areas as may be specified and all the provisions of sub section 1 shall be applicable to
and in the case of every such notification Section 6 sets out the legal consequences of such vesting more specifically
We may extract the provision 6
Consequences of the vesting of an estate in the State
When the notification under section 4 has been published in the Gazette then notwith standing anything contained in any contract or document or in any other law for the time being in force and save as otherwise provided in this Act the consequences as hereinafter set forth shall from the begining of the date of vesting ensue in the area to which the notification relates namely a all rights title and interest of all the intermediaries i in every estate in such area including land cultivable or barren grove land forests whether within or outside village boundaries trees other than trees in village abadi holding or grove fisheries tanks ponds water channels fernes pathways abadi sites hats bazars and meals other than hats bazars and melas held upon land to which clauses a to c of sub section 1 of Section 18 apply and 1077 ii in all sub soil in such estates including rights if any in mines and miner als whether being worked or not shall cease and be vested in the State of Uttar Pradesh free from all encumbrances     Reading the two sister sections together certain clear conclusions emerge
Emphatically three things happened on the coming into force of the Act
By virtue of section 4 the right title and interest of all intermediaries in every estate including hats bazars and melas stood terminated
Secondly this whole bundle of interests came to be vested in the State free from all encumbrances the quality of the vesting being absolute Thirdly one and only one species of property in hats bazars and melas was expressly excluded from the total vesting of estates in the State viz such as had been held on lands to which section 181a to c ap plied
Section 9 at this stage needs to be read since it is geared to the nationalisation of zamindaris by providing for settlement under the State of some kind s of landed interests in existing owners or occupiers
Section 9 states Private wells trees in abadi and buildings to be settled with the existing owners or occupiers thereof All wells trees in abadi and all build ings situate within the limits of an estate belonging to or held by an intermediary or tenant or other person whether residing in the village or not shall continue to belong to
or be held by such intermediary tenant or persons as the case may be and the site of the wells or the buildings which are appurte nant thereto shall be
deemed to
be settled with him by the State Government on such terms and conditions as may be prescribed A close up of this section is called for since the basic plank of the defendant s case is the claim to the whole set of plots as building and appurtenant area of land statutori ly settled with her
If she is such a settlee the substan tive merit of the plaintiff s title fails
We will examine this aspect after a survey of the sections relevant to the locus standi of the State is done
So we shift to Chapter VII which relates to Gaon Sabhas vesting by the State of resumed estates in them and the limitations and other conditions to which it is subject
Attributed legal personality by s3 the Gaon Sabhas are bodies corporate which under the various provisions of Chapter VII have been invested with legal viability right to own and hold property to transfer and otherwise deal with movables and immovables and manage their landed assets through the executive agency of Land Management Com mittees
This comprehensive proprietary personality of the Sabha is indisputable but unhelpful for our purpose
1078 The controversy before us comes into focus when we read section 117 1 2 and 6 all the limbs being taken as belong ing to a legally living corporate body
Section 117 cls
1 and 2 provide 117
Vesting of certain lands etc in Gaon Shabhas and other local authorities 1  At any time after the publication of the notification referred to in Section 4 the State Government may by general or special order to be published in the manner pre scribed declare that as from a date to be specified in this behalf all or any of the following things namely      v hats bazars and melas except hats bazars and melas held on land to which the provisions of clauses a to c of sub sec tion 1 of section 18 apply or on sites and areas referred to in section 9 and      which had vested in the State under this Act shall vest in the Gaon Sabhas or and other local authority established tor the whole or part of the village in which the said things are situate or partly in one such local authority including a Gaon Sabha and partly in another Provided that it shall be lawful for the State Govern ment to make the declaration aforesaid subject to such exceptions and conditions as may be specified in the notifi cation
2 Notwithstanding anything contained in this Act or in any other law  for the time being in force the State Government may by general or special order to be published in the manner prescribed in the Gazette declare that as from a date to be specified in this behalf all or any of the things specified in clauses i to vi of sub section 1 which alter their vesting in the State under this Act had been vested in a Gaon Sabha or any other local authority either under this Act or under section 126 of the Uttar Pradesh Nagar Mahapalika Adhiniyam 1959 UP Act II of 1959 shall vest in any other local au thority including a Gaon Sabha established for the whole or part of the village in which the said things are situated
 Section 1176 injects a precarious does into the system of estates vested in Gaon Sabhas by sub s1 and goes on to state 1176
The State Government may at any time by general or special order to be published in the manner prescribed amend or cancel any declaration or notification made in respect of any of the things aforesaid  whether 1079 generally or in the case of any Gaon Sabha or other local authority and resume such thing and whenever the State Government so resumes any such thing the Gaon Sabha or other
local authority as the case may be shall be enti tled to receive and be paid compensation on account only of the development if any effected by it in
or over that thing Provided that the State Government may after such resumption make a fresh declara tion under sub section 1 or sub section 2 vesting the thing resumed in the same or any other local authority including a Gaon Sabha and the provisions of sub sections 3 4 and 5 as the case may be shall mutatis mutandis apply to such declaration
     Before moving further we may glance at a group of sections which have more than peripheral impact on the legal equation between Government and Sabha visa vis estates vested in the latter by the former
Section 119 carves out a power for the State Government to take away hats bazars and melas vested in a Gaon Sabha and transfer them to a zilla parishad or other authority
Sections 122A and 122B create and regulate the Land Management Committee which is to administer the estates vested in the Sabha and section 126 quite importantly gives the power to the State Government to issue orders and directions to the Management Committee
Pausing here for an instant let us look back on the status of the State which through its Executive branch vests a resumed estate in a Gaon Sabha retaining power at any time and without conditions or even compensation save for actual developmental work done to divest the land so vested and make it over to another like local authority
In such a situation where the State remains the legal master with absolute powers of disposition over the land vested pro tempore in a particular Gaon Sabha can it be postulated that it has no legal interest in the preservation of that over which it has continuous power of operation creation and deprivation Government despite vesting estates in Gaon Sabhas on the wholesome political princi ple of decentralisation and local self government has and continues to have a constant hold on these estates may be like a brooding omnipotence descending when it chooses to take away what it had given possession of to a Sabha
This is plainly present legal interest in Government and a sort of precarium tenans in the Sabha notwithstanding the illu sory expression vesting  which may mislead one into the impression that an absolute and permanent ownership has been created
An overview of these legal prescriptions makes one sceptical about the statutory ideology of autonomous village self government since so far as estates are concerned these Sabhas have been handcuffed and thrown at the mercy or mood of the State Government
The pragmatics of the Act has reduced Gaon Sabhas to obedient 1080 holders for the nonce of the limited bounty of estates vested in them a formal fickle homage to article 40 of the Constitution Shri Shanti Bhushan did draw our attention to certain cousin statutes and other remotely related provisions but the soul of his submission does not suffer by their omission in the discussion
We pass on to the spinal issues agitat ed before us
Locus standi The estates first vest in the State
The fulfilment of the purpose of the Act the setting in which the corner stone for the statutory edifice is laid and the categorical language used especially free from all encumbrances  leave no doubt in our minds nor was it disputed before us that this initial vesting is absolute and inaugurates the scheme of abolition
The consequence of vesting articulated by section 6 only underscore this conclusion
What next ensues
when the State Government acting under s1171 notifies a further vesting in a Gaon Sabha is the cardinal question
Does the State retain a residu ary legal interest sufficient to make it a person ag grieved  competent to challenge in appeal an adverse de cree And can the State canvas for the position that a proprietary right persists in it albeit its act of vesting the same estate earlier in a local authority Does the key word vest  connote and denote divergent things in the same section and Act visa vis Government and the Gaon Sabha Had drafting skills been better this unlovely ambiguity could have been avoided
But courts have no choice but to take the text as it is
Zeroing in on the relevant provisions we are inclined to concur with the High Court
With certi tude one may assert that the State has that minimal interest to follow the proprietary fortunes of the estate so as to
entitle it to
take legal action to interdict its getting into alien hands
The legislative project and the legal engineering visua lised by the Act are clear and the semantics of the words used in the provisions must bend if they can to subserve them
To be literal or be blinkered by some rigid canon of construction may be to miss the life of the law itself
Strength may be derived for this interpretative stand from the observation in a recent judgment of this Court1 A word can have many meanings
To find out the exact connotation of a word in a statute we must look to the context in which it is used
The context would quite often provide the key to meaning of the word and the sense it  should carry
Its setting would give colour to it and provide a cue to the inten tion of the legislature in using it
A word as said by Holmes is not a crystal trans parent and unchanged it is the skin of a living thought and may vary greatly in colour and content according to the circumstances and the time in which it is used 1 Thiru Manickaru  Co vs The State of Tamil Nadu
1977 1 SCR 950
1081 In the instant case the Act contemplates taking over of all zamindari rights as part of land reform
However instead of centralising management of all estates at State level to stimulate local self government the Act gives an ena bling power not obligatory duty to make over these estates to Gaon Sabhas which so long as they are in their hands will look after them through management committees which will be under the statutory control of Government under s126
Apart from management No power is expressly vested in the Sabhas to dispose of the estates absolutely
The fact that as a body corporate it can own and sell property does not mean that the estates vested in a Sabha can be finally sold away in the teeth of the provisions striking a contrary note
For under s1176 if for any reasons of better management or other the State Government is but the operational arm of the State and cannot as contended be delinked as a separate entity in this context the
State thinks fit to amend or cancel the earlier vesting declara tion or notification it can totally deprive the Sabha of and resume from it any estate
This plenary power to emasculate or extinguish the Sabha s right to the estate is tell tale
True this cut back on the amplitude of the vesting is not an incident of the estate created but is provided for by the Act itself
Even so we have to envi sion in terms of realty law what are the nature and inci dents of the interest vested in the Sabha full ownership divestible under no circumstances or partial estate with the paramount interest still surviving in praesenti in the State  It is reasonable to harmonize the statutory provisions to reach a solution which will be least incongruous with legal rights we are cognisant of in current jurisprudence
Novelty is not a favoured child of the law
So it is right to fix the estate created by s117 into familiar moulds if any
Such an approach lends to the position that the vesting in the State was absolute but the vesting in the Sabha was limited to possession and management subject to divestiture by Government
Is such a construction of vesting  in two different senses in the same section sound  Yes
It is because vesting  is a word of slippery import and has many meanings
The context controls the text and the purpose and scheme Project the particular semantic shade or nuance of meaning
That is why even definition clauses allow themselves to be modified by con textual compulsions
So the sense of the situation suggests that in s1171 of the Act vested in the State  carries a plenary connotation while shall vest in the Gaon Sabha  imports a qualified disposition confined to the right to full possession and enjoyment so long as it lasts
Lexico graphic support is forthcoming for this meaning
Black s Law Die 1082 tionary gives as the sense of to vest as to give an imme diate fixed right of present or future enjoyment to clothe with possession to deliver full possession of land or of an estate to give seisin 
Webster s III International Dic tionary gives the meaning as to give to a person a legally fixed immediate right of present or furture enjoyment 
The High Court has sought some Engilsh judicial backing1 for taking liberties with strict and pedantic construction
A ruling of this Court2 has been aptly pressed into service
There is thus authority for the position that the ex pression vest  is of fluid or flexible content and can if the context so dictates bear the limited sense of being in possession and enjoyment
Indeed to postulate vesting of absolute title in the Gaon Sabha by virtue of the declara tion under s1171 of the Act is to stultify s1176
Not that the legislature cannot create a right to divest what has been completely vested but that an explanation of the term vesting  which will rationalise and integrate the initial vesting and the subsequent resumption is prefera ble more plausible and better fulfils the purpose of the Act
We hold that the State has title to sustain he action in ejectment
Aside from this stand it is easy to take the view that the 1st plaintiff is a person I aggrieved and has the competence to carry an appeal against the dismissal of the suit
Of course he who has a proprietary right which has been or is threatened to be violated is surely an ag grieved person 
A legal injury creates a remedial right in the injured person
But the right to a remedy apart a larger circle of persons can move the court for the protec tion of defence or enforcement of a civil right or to ward off or claim compensation for a civil wrong even if they are not proprietarily or personally linked with the cause of action
The nexus between the lis and the plaintiff need not necessarily be personal although it has to be more than a wayfarer s allergy to an unpalatable episode A person aggrieved  is an expression which has expanded with the larger urgencies and felt necessities of our times
Processual jurisprudence is not too jejune to respond to societal changes and challenges Law necessarily has to carry within it the impress of the past traditions the capacity to respond to the needs of the present and enough resilience to cope with the demands of the future
A code of law especially in the social fields is not a document for fastid ious dialectics properly drafted and rightly implemented it can be the means of the order ing of the life of a people
3 1 Richardson vs Robertson 1862 6 L R 75  Hiride vs Chorlton 1866 2 CP 104 116
2 Fruit  Vegetable Merchant s Union vs The Delhi Improvement Dust  3 Address by Khanna 1
at the Birth Centenary of Sir Tej Bahadur Sapru d16 10 76 at Allahabad
1083 The classical concept of a person aggrieved  is delin eated in Re  Sidebotham ex p Sidebotham 1880 14 ChD 258
But the amplitude of legal grievance  has broadened with social compulsions
The State undertakes today activ ities whose beneficiaries may be the general community even though the legal right to the undertaking may not vest in the community
The State starts welfare projects whose effective implementation may call for collective action from the protected group
or any member of them
New movements like consumerism new people s organs like harijan or mahila samajams or labour unions new protective institutions like legal aid societies operate on the socio legal plane not to beat their golden wings in the void  but to intervene on behalf of the weaker classes
Such burgeoning of collec tive social action has in turn generated gradual processu al adaptations
Test suits class actions and representa tive litigation are the beginning and the horizon is ex pending with persons and organisations not personally injured but vicariously concerned being entitled to
invoke the jurisdiction of the court for redressal of actual or imminent wrongs
In this wider perspective who is a person aggrieved  Dhabolkar gives the updated answer The test is whether the words person ag grieved  include a person who has a genuine grievance because an order has been made which prejudicially affects his inter ests  p 315 American jurisprudence has recognised far instance the expanding importance of consumer protection in the economic system and permit ted consumer organisations to
initiate or intervene in actions although by the narrow rule of locus standi  such a course could not have been justified see p 807 New York University Law Review Vol 46 1971
In fact citizen organisations have recently been compaigning for using legal actions for pro tection of community interest broadening the scope of standing  in legal proceedings see p 403 Boston University Law Review Vol51 1971
In the well known case of Attorney General of the Gambia vs Peirra Sarr N Jie 1961 AC 617 Lord Denning observed about the Attor ney General s standing thus  
The words person aggrieved  are of wide import and should not be subjected to a restrictive interpretation
They do not in clude of course a mere busy body who is interfering in things which do not concern him but they do include a person who has a genuine grievance because an order has been made which prejudicially affects his interests p 324 325 Where a wrong against community interest is done no locus standi  will not always be a plea to non suit an interested public body chasing the wrong doff in court
In the case before us Govern 1084 ment in the spacious sense of person aggrieved  is comfortably placed
Its right of resumption from the Gaon Sabha meant to be exercised in public interest will be seriously jeopardised if the estate slips into the hands of a trespasser
The estate belonged to the State is vested in the Gaon Sabha for community benefit is controlled by the State through directions to the Land Management Commit tee and is liable to be divested without ado any time
The wholesome object of the legislature of cautiously decen tralised vesting of estates in local self governing units will be frustrated if the State the watchdog of the whole project is to be a helpless
spectator of its purposeful bounty being wasted or lost
It must act out of fidelity to the goal of the statute and the continuing duty to sal vage public property for public use
Long argument is otiose to make out a legal grievance in such a situation of peril and after all the star of processual actions pro bono publico has to be on the
ascendant in a society where supineness must be substituted by activism if the dynamic rule of law is to fulfil itself Locus standi  has a larger ambit in current legal semantics than the accepted individualistic jurisprudence of old
The legal dogmas of the quiet past are no longer adequate to
assail the social injustices of the stormy present
Therefore the State in the present case is entitled to appeal under section 96 of the Code of Civil Procedure
The second and from a practical point of view equally potent ground of defence is that appurtenant  space envelops the whole area around the buildings and the suit for recovery of possession deserves to be dismised in toto
Let us examine this submission
Section 9 of the Act obligates the State to settle indeed it is deemed to be settled with the intermediary certain items in the estate
That provision has been set out earlier
The short enquiry is whether the entire land is appurtenant  to the buildings
The contention of the defendant flows along these lines
The structures accepted by the High Court as buildings  within the scope of section 9 were part of a cattle fair complex
Even the mandir and the oushadalya fitted in to the hat total and the integrity of the whole could not be broken up without violating the long years of common enjoyment
It would also be a double injury a to the defendant and b to the community
The hat or mela could not be held by the defendant if the land were snatched away and the Government could do
nothing on a land without the buildings belonging to the defendant
Maybe there is some sociological substance in the presenta tion but the broader purpose of the  section cannot be sacrificed to the marginal cases like the present
The larger objective is to settle with the former intermediary only
such land as is strictly appurtenant to buildings all the rest going to the State for implementation of the agrarian reform policy
The key to the solution of the dispute lies in ascer taining whether land on which the cattle fair was being held was appurtenant to the buildings or not on the strength of its use for the hat
The Solicitor General made a two pronged attack on the defendant s proposition
1085 Firstly he argued that hats bazars and melas were a dis tinct interest in the scheme of Indian agrestic life and agrarian law
This right had been virtually nationalised by the Act and only the State or the Gaon Sabha
save where section 18a to c otherwise provided could hold a fair
A ruling by this Court on an analogous subject lends support to this contention See State of Bihar vs Dulhin Shanti Devi AIR 1967 SC 427 relating to Bihar Land Reforms Act
The heated debate at the bar on this and allied aspects need not detain us further also because of our concurrence with the second contention of the Solicitor General that the large open spaces cannot be regarded as appurtenant to the terraces stands and structures
What is integral is not necesarily appurtenant
A position of subordination something incidental or ancillary or dependant is implied in appurtenance
Can we say that the large spaces are subsidi ary or ancillary to or inevitably implied in the enjoyment of the buildings qua buildings that much of space required for the use of the structures as such has been excluded by the High Court itself
Beyond that may or may not be necessary for the hat or mela but not for the enjoyment of the chabutras as such
A hundred acres may spread out in front of a club house for various games like golf
But all these abundant acres are unnecessary for nor incidental to the enjoyment of the house in any reasonable manner
It is confusion to miss the distinction fine but real
Appurtenance  in relation to a dwelling or to a school college  includes all land occupied therewith and used for the purpose thereof Words and Phrases Legally Defined Butterworths 2nd edn
The word appurtenances  has a distinct and definite meaning 
Prima facie it imports nothing more than what is strictly appertaining to the subject matter of the devise or grant and which would in truth pass without being specially mentionedOrdinarily what is necessary for the enjoyment and has been used for the purpose of the building such as easements alone will be appurtenant
Therefore what is necessary for the enjoy ment of the building is alone covered by the expression appurtenance 
If some other purpose was being fulfilled by the building and the lands it is not possible to contend that those lands are covered by the expression appurte nances 
Indeed it is settled by the earliest authority repeated without contradiction to the latest that land cannot be appurtenant to land
The word appurtenances  includes all the incorporeal hereditaments attached to the land granted or demised such as rights of way of common  but it does not include lands in addition to that granted 
Words and Phrase supra
In short the touchstone of appurtenance  is dependence of the building on what appertains to it for its use as a building
Obviously the hat bazar or mela is not an appurtenance to the building
The law thus leads to the clear conclusion that even if the buildings were used and enjoyed in the past with the whole stretch of vacant space for a hat or mela the land is not appurtenant to the prin cipal subject granted by section 9 viz buildings
This conclustion is inevitable although the contrary argument may be ingenious
What the High Court has grant ed viz 5 yards of 1086 surrounding space is sound in law although based on guess work in fact
The appeal fails and is dismissed but in the circumstances without costs
PBR Appeal dismissed
13385CI76 GIPF
INDEX ACCOMPLICE Whether a pointer an accomplice See Representation of the People Act  525 ACCUSED PLEADED GUILTY If lesser sentence could be awarded
Murlidhar Meghraj Loya etc
vs State of Maharashtra etc
 1 ADMISSIONS admissibility in evidence See Evidence Act  967 ADMINISTRATION OF EVACUEE PROPERTY ACT 1950 S404 a and rule 22 Scope of section 102 n out of the funds in his possession meaning of
Custodian of Evacuee Property vs Smt
Rabia Bai  255 ALTERNATE REMEDY Whether a bar to writ jurisdiction under article 226 of the Constitution under Art 226 of the constitution
 64 See Constitution of India 1950  64 ANDHRA PRADESH ANDHRA AREA Electricity Supply UndertakingAcquisition Act Andhra 15of 1954 Ss 53vi 62a iii and 102biii Amounts due to undertaking from consumers prior to vesting in State If can be recovered by State from the licence
Vijayawada Municipal Council vs Andhra Pradesh State Elec tricity Board and Anr
 846 ANDHRA PRADESH GENERAL SALES TAX ACT 1957 Excise and countervailing duty paid by the buyers directly into the Treasury Neither the invoice nor books of the assessee manufacturer show the excise duty Excise duty
If fails under any sums charge by the dealer occurring in the definition of turnover
Ms Mc Dowell  Company Ltd etc
vs Commercial Tax Office VII Circle Hyderabad etc
APPEAL AGAINST ACQUITT OF AN OFFENCE OF CONSUMING LIQUOR Mem because the High Court took view that a fur ther charge possession of liquor she have been framed setting aside the acquittal without find whether the order of acquittal erroneous and ordering re t is bad Bombay Prohibition A 1949 Bern
XXV Sec
661 rw Sec
378 Criminal Procedure Code Act 11 of 1974 1973
Patel Jethabhai Chatur vs State of Gujarat  Contract between lay parties not be thwarted by narrow pedal and legalistic interpretatic Intendment of parties regarding validity of arbitraror s appointment whether material
Union of India vs Ms DM R Co 
ATTESTING WITNESS See Succession Act BENAMI TRAINSACTION Pr of Benami nature
Union of India vs Moksh Buil and Financiers and Ors
BIHAR AND ORISSA EXC ACT 1951 as amended Amending Acts of 1970 and 1 Ss 22 and 29 Power of State 2 to auction exclusive privilege to vend liquor Nature of payment received
Lakhan Lal etc
vs The State of Orissa and Ors
BIHAR ELECTRICITY DUTY ACT 1948 As amended S32 e Scope of
Damodar Valley Corporation vs State of Bihar and Ors
 118 HAR LAND REFORMS ACT 1950 Ss 4a and 10 Lessee of nines If a tenure holder or intermediary under the Act
Sone Valley Portland Cement Co Ltd vs The General Mining Synidicate P Ltd 359 BOMBAY INDUSTRIAL RELATIONS ACT 1946 section 981a schedule III item 6ii Scope of Workmen laid off Lock out de clared later alleging unruly behaviour Lockout if illegal
priya Laxmi Mills Ltd vs Mazdoor Maharan Mandal Baroda  709 BOMBAY PROHIBITION ACT 949 Bom
XXV Sec
661b
See Appeal against acquittal  872 BOMBAY PROVINCIAL MUNICIPAL CORPORATIONS ACT As applied in Gujarat Bom
59 of 1949 S284N Applicability of 5A Land Acquirition Act
Farid Ahmed Abdul Samad and Anr
vs The Municipal Corpora tion of the City of Ahmedabad and Anr
 71 BOMBAY RENT HOTEL AND LODGING HOUSE RATES ACT 1947 Sub
Section 131B Suit for eviction on the grond of bonafide and personal need of a landlord Whether right to sue survives to his heirs Requirement of firm in which landlord is a partner whether his requirement Whether decree passed in favour of landlord can be disturbed on his death
Shantilal Thakordas and Ors
vs Chimanlal Maganlal Telwala  341 54A Indian Easements Act 1882 Sec
52 62c Revocation of licence by efflux of time Presiden cy Small Causes Courts Act 1882 Sec  47 Effect of filing of application for eviction Meaning of licence under a Subsisting agreement Interpretation of statutes Practice
DH Manjar  Ors
vs Waman Laxman Kudav 
403 BOMBAY VILLAGE PANCHAYAT ACT BOM
6 OF 1933 S89 House  if includes building 
Tata Engineering  Locomotive Company Ltd vs Gram Panchay at pimpri Waghere
 306 BURDEN OF establishing urgency under the 
Land Acquisition Act See Land Acquisition Act  763 CENTRAL CIVIL SERVICE CLASSIFICATION CONTROL AND APPEAL Rules 1965 Scope of Rules applicable only when disciplinary proceedings are taken
Union of India and Anr
KS Subramanian  87 1
2b 9 Andhra Pradesh General Sales Tax Act 1957 Central Government selling foodgrains and fertilisers whether a dealer Profit motive if relevant Whether State carried on business
Joint Director of Food Visakapatham vs The State of Andhra Pradesh
 59 3 2
section 15b Scope of Assessee bought declared goods and paid States Sales Tax Sale by way of inter state sale If entitled to refund of State Sales Tax
Thiru Manickam and Co vs The State of TamilNadu 
950 3
74 of 1956 section 836 and Central Sales Tax Regulation and Turnover Rules 1957 r 13Goods used in the manufac ture or processing of goods for sale Scope of Fertilizers used for growing tea plants if could be included in goods used in the manufacture of tea for sale
Travancore Tea Estates Co Ltd vs State of Karnataka  Ors 755 4
74 of 1956 S91 proviso Scope of
Ms Karam Chand Thapar and Bros Coal Sales Ltd vs State of Uttar Pradesh and Ant
 25 CHARGE Fresh charge on appreciation of evidence can be ordered to be framed by the High Court in exercise of its appellate jurisdiction Criminal Procedure Code Act
II of 1974 1973 Secs
386a 464I and 4622a
Patel Jethabhai Chatur vs State of Gujarat  872 CITY OF BANGALORE MUNICIPAL CORPORATION SERVICES GENERAL CADRE AND RECRUITMENT REGULATIONS 1971 Reg
3 Absorption of Senior Health Inspectors by Corporation contrary to provi sions in Reg
3 Effect of
C Muniyappa Naidu etc
vs State of Karnataka  Ors
CITY OF MYSORE IMPROVEMENT ACT 1903 Ss 16 18 and 331 Relevant date for determining market value for purposes of compensation what is
Special Land Acquisition Officer City Improvement Trust Board Mysore vs
P Govindan
 549 CIVIL SERVICE 1
Powers of relaxation Whether rules can be made retro spectively Andhra Pradesh State and Subordinate Serv ices Rules 1962 Rule 47 Andhra Pradesh Civil  Services Co operation Branch Government of Andhra Pradesh and Ors
vs Sri D Janardhana Rao and Anr 702 2
Seniority Irregular recruitment Regularisation Appointments through Public Service Commission Recruitment through centralised recruitment scheme
PC Patel and Ors
vs Smt
TH Pathak and Ors
 677 CODE OF CIVIL PROCEDURE Res Judicata whether invocable in subsequent stage of same proceedings
YB Patel and Ors
vs Y L patil  320 2
Ss 79 and 80 suit for compensation against railway administration whether impleading Union of India as a party necessary
State of Kerala vs The General Manager Southern Railway Madras
 419 3
S80 Whether applicable to suits filed under s91 of the MP Public Trusts Act 1951
State of Maharashtra  Anr
vs Shri Chartder Kant  993 4
S115 Jurisdiction of High Court to interfere with the Trial Court s discretionary order when exercisable
4 Ms Mechelec Engineers  Manu facturers vs Ms Basic Equipment Corporation 1060 5
Act 5 of 1908 Order VI rw Order XIV rule 15 Courts should not allow parties to go to trial in the absence of proper pleadings
Union of India vs Sita Ram Jaiswal  979 6
Act v of 1908 Order V Rule 17
See Pleadings  728 7
Act V of 1908 Section 11 Principle of res judicata Applicability when gratuity was awarded in a previous proceedings under the Payment of Wages Act in the teeth of the clear provision of Rule 801 Scope of Rule 801
Andhra Pradesh State Road Transport Corporation Hyderabad vs Venkateswara Rao etc
  248 CODE OF CRIMINAL PROCEDURE 1908 1
Whether Magistrate has jurisdiction to recall dismissal order made us 203 Application for recalling dismissal order whether amounts to fresh complaint
Bindeshwari Prasad Singh vs Kali Singh  125 2
S99 A Scope of Whether Statement of grounds  a mandatory provision
State of Uttar Pradesh vs Lalai Singh Yadav  616 3
Act 2 of 1974Ss
235 and 465 Scope of
Santa Singh vs The State of Punjab  229 4
Act II of 1974 1973 section 378
See Appeal against ac quittal  872 5
Act 2 of 1974 S494 Prosecution applying for with drawal of prosecution Principles to be considered by Court in granting consent
State of Orissa vs Chandrika Mohapalra  Ors 335 COMPULSORY RETIREMENT Compulsory retirement made in public interest under the Government of lndia Decision No 23 dated 30th November 1962 below Fundamental Rule 56 later substituted as a new rule FR 56i Mere reference to a non subsisting rule does not invalidate the order when retirement is in public interest and bona fide
Mayconghoan Rahamohan Singh vs The Chief CommissionerAdministration Manipur and Ors
 1022 2
see Constitution of India  128 CONDONATION OF DELAY in applying for renewal of stage permits under the Motor Vehicles Act
See Motor Vehicles Act  503 CONDUCT OF ELECTION RULES 1961 rr
42 and 566 
Tendered ballot paper what is and use of
Dr Wilfred D Souza vs Francis Menino Jesus Ferrao  942 CONSTITUTION OF INDIA 1 article 14 Combines Seniority Scheme introduced by the Reserve Bank of India to equalise opportunities of confirma tion and pro motion of Clerks Some Clerks affected ad versely by unforseen circumstances if violative of equal opportunity clause Right of State to integrate Cadres and lay down principles of seniority
Reserve Bank of India  Ors
N C Paliwal  Ors
 377 5 2
articles 14 16 Civil Service Seniority Direct Re cruits and promotees Quota Whether roster implicit Bene fit of service Words and Phrases As far as practicable NK Chauhan and Ors
vs State of Gujarat and Ors
 1037 3 article 154 Reservation of seats for socially and educa tionally backward classes in educational institutions Annual family income test if valid
Kumari KS Jayasree and Anr
vs The State of Kerala and Anr
 194 4 article 196ii and 269g See   59 5 article 3IA1 Second Proviso article
31b Meaning of right conferred 9th Schedule Whether different ceiling can be imposed for different persons Whether second proviso to article 31A1 imposed a feter on the legislative competence Gujarat Agricultural Land Ceiling Act 1961 Gujarat Act 27 of 1961 Section 2 21 6
Hasmukhlal Dahayabhai and Ors
vs State of Gujarat  Ors
 103 6
article 131 Disputes between State and Union Jurisdic tion of High Court Charge of Excise Duty Condition of Whether an article manufactured or produced before the levy is imposed is excisable
Union of India vs State of Mysore  842 7
article 136 Practice and Procedure Whether a Court of Criminal Appeal Whether can interfere with concurrent findings of fact Interference when grave and substantial injustice
Dalbir Kaur and Ors
vs State of Punjab 
280 8
article 226 High Court if could interefere with the Appellate orders of Income Tax Appellate Tribunal under article 226
Income Tax Officer Lucknow vs Ms SB Singbar Singh and Sons and Anr
214 9
article 226 When alternative remedies available whether writ petition maintainable
G Sarana vs University of Lucknow and Ors
 64 10 article 226 whether concurrent findings of facts by the Revenue Authorities can be reopened in writ petition
YB Patel and Ors
vs Y L Patil  32 11
article 235 Disciplinary action over subordinate judiciary Governor If bound by the recommendation of the High Court Consultation with State Public Service Commis sion If warranted by article 235
Baldev Raj Guliani and Ors
vs The Punjab  Haryana High Court and Ors
 425 12
article 2882 Scope of
Damodar Valley Corporation vs State of Bihar and Ors
 118 13
articles 309 310 and 311 Scope of article 310 Visa Vis articles 309 and 311
Union of India and Anr
vs K section Subramanian  87 14
article 311 Termination of services of temporary servant Protection of Article when applicable
State of U P vs Ram Chandra Trivedi  462 15
article 3112 violation of Penalty of compulsory retirement Hyderabad Civil Service Classification Control and Appeal Rules reasonable opportunity of defence at the stages of enquiry and punishment 6 Consideration of extraneous matters in recommendation of penalty by High Court Chief Justice whether valid
State of Andhra Pradesh vs SN Nizamuddin Ali Khan  128 CONTEMPT OF COURT ACT ACT NO
70 OF 1971 Ss
2b 10 and 121 read with Article 215 Constitution of India Remitting the punishment awarded after accepting the apolo gy tendered by the contemnor and ordering him to pay the cost of paper books whether valid Whether endorsing to the Registrar a copy of the wireless message addressed to the State Counsel for information only amounts to contempt
Arun Kshetrapal vs Registrar High Court Jabalpur  Anr 98 2
1971 S191b Finding of committal of contempt is basis of acceptance of apology Judge exposing himself to public controversy cannot shelter behind his office
Ram Pratap Sharma and Ors
vs Daya Nand and Ors
CONTRACT OF SALE OF GOODS Whether interstate or intra state Sale
See sale  631 CORRUPT PRACTICE See Election 
490 COSTS tax matters when there is conflict among High Courts
See Practice  9  Ss 28 13113 and 5 See Limitation 
983 DEALER Whether Central Government selling foodgrains and ferti lizers a dealer
See  
DELEGATION OF POWERS TO OFFICERS for execution of contracts under s1221 of Jammu  Kashmir Constitution Contracts containing arbitration clause validity executed on behalf of the Government cannot be questioned on the plea of violation of section 1221
Timber Kashmir P Ltd etc
vs Conservator of Forests Jammu and Ors
 937 DEVELOPMENT REBATE Whether dividend when withdrawn
See Income Tax Act  638 DIRECTORATE GENERAL OF TECHNICAL DEVELOPMENT CLASS II POSTS RECRUITMENT AMENDMENT RULES 1974 Rule 2 inter pretation of whether officer on special duty in the same grade as Development Officers
section Ramaswamy vs Union of India and Ors 221 DISCIPLINARY ACTION  Over subordinate judiciary by High Court
See Constitution of India 
DISMISSAL ORDER recall of See Code of Criminal Procedure  125 DOCTRINE OF WAIVER Bar of waiver whether applicable to later grievance against bias  G Sarana vs University of Lucknow and Ors
ELECTION Representation of the People Act 1951 Sec
1232 Sec
1001b Corrupt practice Undue influ ence Conduct of Election Rules 1961 Rules 392 Ballot paper containing mark on the reverse of the symbol 7 Can be rejected as invalid Charge of Corrupt practice If of quasi criminal nature Degree of proof Interference with appreciation of evidence by High Court Whether elec tion result can be lightly interfered with
M Narayana Rao vs
G Venkata Reddy  Ors 490 ELECTRICITY ACT 1910 Section 22B Electricity Supply Act
1948 Sections 18 49 and 79j Whether section 49 invalid for excessive delegation Whether Electricity Board can reduce the quota of consumption if the State Government has done so Board having determined the quota whether can further reduce it Whether Board can fix the quota with out framing regulations Practice and Procedure Whether appellant can be allowed to raise a new question of facts for the first time
Adoni Cotton Mills etc
vs The Andhra Pradesh State Electricity Board and Ors
133 EMPLOYEES  STATE INSURANCE ACT 1948 Sec
61 If debars grant of sick leave If the Act deals with all aspects of sickness
The Alembic Glass Industries Ltd Baroda and Ors
vs The Workmen and Ors 80 ESCAPED ASSESSMENT See Income Tax   207 ESTATE DUTY ACT 34 of 1953 1
Ss 215 9 and 27 Scope of
Controller of Estate Duty Gujarat vs Shri Kantilal Trikam lal 
S5 Land covered with wild
and natural forest growths of agricultural land
Controller of Estate Duty Kerala v V Venugopala Verma Rajah  346 3
S10 Gift of property the deemed to be part of the State of deceased doner
Controller of Estate Duty Keral vs Ms RV Vishwanathan and Ors
 64 EVIDENCE ACT 1 of 1872 1
Ss 17 and 33 Evidence of admission Admissibility
Union of India vs Moksh Builder and Financiers and Ors
 96 2 S43 and Code of Civil Procedure Act 5 of 1908 041 r 2 Admission of Judgments in land acquisition preceedings an additional evidence
The Land Acquisition Officer City Improvement Trust Board vs H Narayaniah etc
3 S68 Discharge of onusproban by propounder when execut ic of will surrounded by suspicious circumstances
Seth Beni Chand since dead no by 1 rs
vs Smt
Kamla Kunwar and Ors
 57 4
116 Whether tenant cadeny the landlord s title
Sri Ram Pasricha vs Jagannat and Ors
FINAL LIST when may be set asid by Court
Union of India vs Dr RD Nanjia and Ors
FINDINGS OF FACT See Constitution of India  32 FIRST INFORMATION REPORT delay in lodging
See Penal Code  280 FUNDAMENTAL RULE 56j See Compulsory retirement  1025 GENERAL CLAUSES ACT 189  Section 342 Meaning of per son Whether legislatur 8 bound to follow definition in General Clauses Act
Hasmukhalal Dayabhai and Ors
vs State of Gujarat and Ors etc
 103 OLD CONTROL RULES 1963 whether includes smuggled gold within their ambit
Triveni Prasad Ramkaran Verma State of Maharashtra  519 GRATUITY entitlement to whether a former employee of he Nizam s State Railway can claim gratuity aS of right in addition to provident Fund Government of Hyderabad Railway establishment Code 1949 Rule  01 802 805 812 813 15 816 817 and 819 read with para 17 Chapter VII interpretation of
Andhra Pradesh State Road
Transport Corporation Hyderabad vs Venkateswara Rao
GUJARAT MUNICIPALITIES 1963 section 38 10bi act as Councillor ScoPe of President of the Municipality applying or lease of land If debarred taking land on lease General power of supervision conferred on the President If resident should be deemed to have acted within the meaning of 381bi when lease was ranted to him by the Chief officer
Rustamji Nasorvanji Danger vs shri Joram Kunverji Ganatra and Ors
 884 HINDU LAW If a co widow can relinquish ght of survivorship Whether after relinquishment a widow an dispose of property by will
Rindumati Bai vs Nrarbada  Prasad 
988 RELIGIOUS ENDOWMENT Hindu temple forming part of a Jain Institution When may be treated as a Hindu religious endow ment
Commissioner of Hindu Religious  Charitable Endowments Mysore vs Sri Ratnavaram Heggde deceased by 1
889 IDENTIFICATION PARADE See Penal Code  280 INCOME TAX ACT 1922 1
S24 When can single and isolated sale be a busi ness transaction within the meaning of Onus probandi on the Taxation Department Initial purchase with intention of advantageous sale Earning profit on delivery of goods not necessary
Dalmia Cement Ltd vs The Commissioner of Income Tax New Delhi
 5 54 2
11 of 1922 Ss 2 6Ae and 102 vi b Development rebate treated as accumulated profits Withdrawal of amount by shareholder from Company s account if withdrawal can be treated as dividend since amount withdrawn is within accumulated profits
PK Badiani vs The Commissioner of Income Tax Bombay 
638 3
S9 Irrevocable rent If could be deducted from income from property of only one year Exemption If could be given only once
Commissioner of Income Tax Lucknow vs Shri Madho Parsad Jatia
 202 21 to Sec
23A1 Meaning of investment Companies whether restricted to shares stocks and other securities or used in contradistinction with manufacturing processing and trading operations Indian Companies 87f Companies Act 1956 Sec
37211
Nawn Estates P Ltd vs CIT West Bengal  798 5
23A and 351 Whether income tax officer has power under section 351 to rectify an order passed under section 23A Commissioner of Income Tax Kanpur
vs Ms JK Commercial Corporation Ltd etc 512 for partition and disruption of the Hindu Undivided family disallowed by ITO Appeal under the Act filed against the orders of
ITO also dis missed No reference under the Act challenging the Tribu nal s order dismissing the appeal was taken but subse quentiy got a preliminary decree for partition passed by the civil court during the pendency of the apPeal Whether t he Income Tax Authorities are bound by the subsequent parti tion decree of the civil court
Narendra kumar J Madi vs Commissioner of Income Tax Guja rat 11 Ahmedabad  112 7
Ss 34 and 42 Income Tax Act 43 of 1961 section 147 and Income Tax Rules 1922 r 33 corresponding to r 10 of 1962 Rules One 0 f t he met hods mentioned in corresponding to r 10 of 1962 Rules One of the methods mentioned in r 33 applied for assessment Higher tax liability if another method in rule adopted If a case of income escaping as sessment
Commissioner of Income Tax West Bengal 1 Calcutta vs Simon Carves Ltd 207 8
section 52 Non resident company receiving income outside India Income if accrued in India
84SCI77 The Performing Right SocioLtd
 Anr
vs The Commr
Income Tax and Ors
 1 INDUSTRIAL DISPUTES A 1907 Sec
200 Meaning of trenchment Can termination service by efflux of time cover by the expression retrenchment Hindustan Steel Ltd vs The p siding Officer Labour
Court Orissa and Ors
 6 legal practioners can appear before the Tribunal Whether Secs
361 an 362 is controlled by section 364 Pradip Port Trust Pradip Their Workmen  5 INTER STATE SENIORITY See State s Reorganisation Act 
INTERPRETATION 1
Amendment of a section could be used to interpret earlier provision in the Act
Sone Valley Portland Cem Co Ltd vs The General Mini Syndicate P Ltd 3 2 Refund meaning of Subsequent amendment of Section If could be used to interpr earlier ambiguous provision
Thiru Manickam  Co vs Sic of Tamil Nadu  9 3 should contained in a clause should possesses a post graduate degree and requist experience whether mandato ry or directory Post gradual Meaning of
Juthika Bhattacharya The State of Madhya prad and Ors
 4 4
Contract of
See  INTERPRETATION OF DOCUMENTS Principles application 10 to interpretation of document Notifications Nos
F 9559 R  S published in gazette dt
17 1 60 us 507 of the Delhi Municipal Corporation Act 1957 66 of 1957 and Notifica tion GSR 486 us 12 of Delhi Rent Control Act 1958 59 of 1958 gazetted on 21 4 62 Whether the whole of Mauza Chowkri Mubarakbad and whole of Onkar Nagar and Lekhpura were meant to be notified
Jangbirv
Mahavir Prasad Gupta  670 INTERPRETATION OF STATUTES See Bombay Rents Hotel and Lodging House Rates Control Act 1947 
Estate Duty Act and other taxing statutes Principles
Controller of Estate Duty Gujarat vs Shri Kantilal Trikam lal Expressions not being terms of art whether to be construed in technical sense or ordinary popular sense as used by businessmen Legislative history as guide to construction Genesis and development of law as key to interpretation Whether English decisions useful guides or construction of analogous provisions fundamental concepts and general principles
Nawn Estates P Ltd
CIT West Bengal  798 Provision in Act substituted by another Amending provision avoid Effect
State of Maharashtra vs The Central Provinces Manganese Ore Co Ltd 1002 Rules as an aid Use of Statement of objects and reasons
Tata Engineering  Locomotive Company Ltd vs Gram Panchayat Pimpri Waghere
 306 6
Statute when retrospective
K Eapen Chacko vs The Provident Investment Co P Ltd 1026 7
When a statute could be read retrospectively
State of Kerala vs philomina etc
 Ors
 273 JAMMU  KASHMIR CONSTITUTION section 122 See Delegation of Powers  937 Admission of judgments in Land Acquisition proceedings
See Land Acquisition  178 JURISDICTION 1 of High Courts to interfere with the trial Court s discretionary order
See CPC  1061 2 of High Court under article 226 to interfere with orders of the Income Tax Appellate Tribunal
See Constitution of India   214 KARNATAKA LAND REFORMS ACT 1961 Ss 107 and 133 Whether applicable to land unauthorisedly held after expiry of lease
Corporation of the City of Bangalore vs
BT Kampanna 
KARNATAKA RECRUITMENT OF GAZETTED PROBATIONERS Class I and 11 Posts appointment by competitive examination Rules 1966 R 9 read with Part IV of Schedule II Scope of Awarding block marks in interview If violative of the Rule
State of Karnataka and Anr
vs M Farida  Ors
 323 KERALA LAND REFORMS ACT 1
1963 section 84 Scope of interpretation When a statute could be read retrospectively
11 State of Kerala and Ors
vs Philomina etc
and Ors
 273 2
1964 Secs
81 83 84 85 85A and 86 Voluntary trans fers made after notified date whether valid
State of Kerala and Ors
vs KA Gangadharan  960 3
Kerala 1 of 1964 as amended in 1969 and 1971 Secs
31 50A 52 73 108 125 and 1323 Scope of
K Eapen Chacko vs The Provident Investment Co P Ltd 1026 LAND ACQUISITION ACT 1
City of Bangalore Improvement Act 1945 Ss 16 18 and 27 Notification under Ss 16 and 18 on different dates Date for determining market value for awarding compensation for acquisition of land
The Land Acquisition Officer City Improvement Trust Board vs 11
Narayaniah etc 178 Ss
5A 6 and 174 Burden of establishing urgency On whom lies
Narayan Govind Gayate etc
vs State of Maharashtra  763 3
1 of 1894 s6A If mandatory Effect of non compliance in case of beneficial schemes
Farid Ahmed Abdul Samad and Anr
vs The Municipal Corpn
of the City of Ahmedabad and Anr
LEGAL ENTITY See Railways Act 1890 
419 LIMITATION 1
for rectification under the UP Sales Tax Act 1948 section 22
See UP Sales Tax Act 1948 
Period of limitation in respect of suo moto revision by Central Government to annul or modify any order of erroneous refund of duty when begins Customs Act  131135 scope of
Geep Flashlight Industries Ltd vs Union of India  Ors
983 LIMITATION ACT 1
1963 Ss 5 and 2923 If applicable
Mohd Ashfaq vs State Transport Appellate Tribunal MP and Ors 563 2
whether applicable to revision petitions filed under section 10 UP Sales Tax Act
Time spent in obtaining second copy of
impugned order whether to be excluded in computing limitation period for filing revi sion petitions
Commissioner of Sales Tax UP vs Madan Lal and Sons Ba reilly
MADHYA pRADESH MUNICIPAL CORPORATION ACT 1956Sec
138b Madhya Pradesh Accommodation Control Act Sec
7 Must rental value under the Municipal Act follow the standard rent under Accommodation Control Act When premises let out When used by owner
Municipal Corporation Indore and Ors
vs Smt
Ratna Prabha ana Ors
 1017 MADHYA PRADESH PUBLIC TRUSTS ACT 1951s
91 See Code of Civil Procedure  993 MADRAS GENERAL SALES TAX ACT 1959 Schedule 11 items 7a and b If ultra vires
Ms Guruviah Naidu and Sons etc vs State of TN and Anr
State Government reserved certain areas for exploitation of minerals in public sector If had the power to do so
State Governments If could reject application of private persons
Amritlal Nathubhai Shah and Ors
vs Union Government of India and Anr  372 2
S30A Scope of
State of Bihar and Anr
vs Khas Karampura Collieries Ltd etc 157  Entry 22 Explanation of Schedule construction of word includes Whether potteries Industry includes manufacture of Mangalore pattern roofing tiles
The South Gujarat Roofing
Tiles Manufacturers Associations and Ant
vs The State of Gujarat and Anr  878 MONOPOLY OF BUS ROUTES Whether permitting the existing private operators to operate till the date of expiry of their permits creates a monopoly
Sarjoo Prasad Singh vs The State of Bihar and Ors 661 MOTOR VEHICLES ACTS 1939 1
section 431 State Government can direct imposition of fiscal rates on stage carriage operators for carrying mails as condition of permit Ss 483 and 593c such direc tions do not interfere with quasi judicial functions of Regional Transport Authority
Special provisions of section 483 XV do not override general provisions of section 431d1
Sree Gajana Motor Transport Co Ltd vs The State of Karna taka and Ors
 665 Motor Vehicles Rules 1951 Rule 108c Whether considerations in Sec47 for grant of stage permits to be mentioned in the order
Ikram Khan vs State Transport Appellate Tribunal and Ors
 459 3 S582 proviso Delay inapplying for renewal of exist ing permit If could be condoned Chapter IVA If a self contained code Renewal application under section 68FID Whether section 57 applicable
Mohd Ashfaq vs State Transport Appellate Tribunal US and Ors 563 of Whether there should be a finding on each and every separate objection raised
Sarjoo prasad Singh vs The State of Bihar and Ors 661 MURDER Distinction between S299 and 300 IPC See Penal Code  601 NECESSARY PARTY See Civil Procedure Code  419 NEW CASE Courts  Whether can make a See Partnership Act  583 NEW DELHI HOUSE RENT CONTROL ORDER 1939 C1
Standard rent of house fixed in 1944 Rateable value enhanced on the basis of rent received in 1966 Whether rating should be correlated to actual income
New Delhi Municipal Committee vs
MN Soi and Anr
NEW PLEA See Adoni Cotton Mills vs Andhra Pradesh State Elec tricity Board  133 NOLLES PROSEQUE Principle to be followed by court See Criminal Procedure Code Act 2 of 1974 
335 13 OTHER RIGHTS in Explanation 2 to section 215 meaning of
Controller of Estate Duty Gujarat vs Shri Kantilal Trikam lal  9 PARTNERSHIP ACT Whether mandatory Whether suit can be filed by unregistered firm Dissolution of firm Suit by a partner of erstwhile unregistered firm If other partners of erstwhile firm necessary parties Materi al alterations in a document Effect of Suit for Specific and ascertained amount Whether court can make out new case and grant partial relief on another basis
Loonkaran Setia etc
vs Ivan E Johan and Ors
 853 PENAL CODE S34 Specific evidence for infliction of fatal wound not required Community of intent with participatory presence fixes constructive liability
Harshadsingh  Baba Pahalvansingh Thakura vs The State of Gujarat  626 2
Ss 299 and 300 Culpable homicide not amounting to murder and murder Distinction Tests to be applied in each case S300 Thirdly IPC Scope of
State of Andhra Pradesh vs Rayavarapu Punnayya and Anr
601 3
Section 302 Non examination of eye witnesses Interest ed witnesses Meaning of Necessity of examining independent witnesses Motive Delay in lodging FR and despatch to Magistrate Identification parade necessity of
Dalbir Kaur and Ors
vs State of Punjab  280 PLEADINGS 1
Amendments to Amendment to the pleadings to introduce an entirely different case under the guise of permisible inconsistent pleas which is likely to cause prejudice to the other side cannot be allowed Civil Procedure Code Act V of 1908 Order VI Rule 17
Ms Modi Spinning and Weaving Mills Co Ltd and Anr
vs Ms Ladha Ram and Col 
728 2
Under section 70 of the Contract Act 9 of 1872 Ingre dients necessary to be pleaded
Union of India vs Sita Ram Jaiswal
 979 POSSESSION Possession to attract criminal liability must be conscious possession
Patel Jethabhai Chatur vs State of Gujarat  872 POWERS OF OFFICER to rectify an order passed us 23A See Income Tax Act  512 POWER TO AUCTION exclusive privilege to vend liquor See Bihar and Orissa Excise Act
811 PRACTICE 1
Costs in tax matters when there is conflict among High Courts Controller of Estate Duty Gujrart vs Shri Kantilal Trikamalal  2
Duty of High Court when there is conflict between deci sions the Supreme Court Upsetting concurrent findings of fact second appeal Propriety
State of UP 
vs Ram Chandrs Trivedi  46 3
Duty of High Court where there is conflict between the view expressed by Divisional bench and larger benches of the Supreme Court
Union of India and Anr
KS Subramanian
Non suiting for want of proper pleadings at the appellate stage by the Supreme Court when parties went to trial and issues were raised and the litigation went through the course of trial and appeal is not desirable
Union of India vs Sita Ram Jaiswal  979 5
Supreme Court will not entertain a complaint on facts and interfere with a finding of facts by the appellate Court under Article 136 of the Constitution of India
Patel Jethabhai Chatur vs State of Gujarat  872 PRACTICE AND PROCEDURE 1
Further plea taken in the affidavit rejoinder to the writ petition shall not be allowed to be agitate Sarjoo Prasad Singh vs The State of Bihar and Ors 861 2
High Court s duty to give reasons even in cases of sum mary dismissal
Shankar Gopinath Apte vs Gangabai Hariharrao Patwardhan  411 3
Interference with findings on reliability of evidence only in exceptional circumstances
Harshadsingh Baba pahalvansingh Thakur vs The State  626 5
Re appraisal of evidence by Supreme Court in spite of concurrent findings of fact proper when miscarriage of justice has occurred
Mohammad Aslam vs State of Uttar Pradesh  689 Whether High Court can direct a Minister to be impleaded as a party and file his personal affidavit
State of Punjab ana Anr
vs YP Duggal and Ors
 96 PREVENTION OF CORRUPTION ACT and 51d Sec
52 Misappropriating Govt
funds
Retaining Govt
Funds by a Govt
Servant Evidence Act Sec
154 When can witness be declared hostile Can evidence of a hostile witness be accepted Evidence Act Sec 105 Onus of proving exceptions in IPC on accused Degree of proof Criminal Trial Effect of non examination of materi al witness Conviction on evidence of a solitary witness Whether adverse inference can be drawn against accused for not leading evidence Onus of prosecution Pre sumption of innocence
Rabindra Kumar Dey vs State of Orissa 
439 PREVENTION OF FOOD ADULTERATION ACT 1910
1 section 16 Proviso Scope of
Murlidhar Meghraj etc
vs State of Maharashtra etc
 1 2 sec
161 a 2 1 21 c 21 j 21 Preven tion of Food Adulteration of Rules
Rules 23 28 and 29 Can conviction be based on sole testimony of Food Inspector Can an article fail under clause j and i of Sec
2i Are they mutually exclusive or overlapping When rules are silent about colouring material can use of dye be punished Do provisions of Probation of Offenders Act apply to offences under the Prevention of Food Adulteration Act
Prem Ballab and Anr vs The State Delhi Admn  592 PRIVITY OF CONTRACT When a company has severa branches and there is a contract between the buyer and one of the branches the contract of sale is between the company and the buyer
English Electric Company of India 1Ltd
vs The Deputy Commercial Tax Officer and Ors
 631 15 PROBATION OF OFFENDERS ACT 1958 Applicability to cases under POFA See Prevention of Food Adulteration Act 1950  59 PROCEDURE When a court of appeal can interfere in the lower court s Judgment
Padma Uppal etc
vs State of Punjab and Ors
 329 PROMOTIONS Right to promotion Whether promotion of class III employees to Class is governed by Advance Correction Slip No 7 introducing we
f March 11 1973 new rules 324 to 328 and substituting a new rule 301 in Chapter III of the Indian Railway Establishment Manual Scope and applica bility of Rules 301 and 328 2 4 and 5 SK Chandan vs Union of India and Ors
 785 PROPERTY right to dispose of by will by a widow See Hindu Law 
PROVIDENT FUND Illegal payment of gratuity in the past will not affect legal claims to Provident Fund
Andhra Pradesh State Road Transport Corporation Hyd
P Venkateswara Rao etc 248 PUNJAB GENERAL SALES TAX ACT Punjab Act 46 of 1948 section 112 Notice under Whether should be issued within a par ticular period
The Indian Aluminium Ltd  Anr
vs The Excise and Taxa tion Officer and Anr
716 PUNJAB CIVIL SERVICE RULES Vol
1 Rules 249 and 310 to 316 Junior Vernacular Cadre teachers officiating in senior vernacular cadre enti tled to benefit of their substantive post 
State of Punjab and Ors
v Labh Ram and Ors
 832 RAILWAYS ACT 1890 section 36 Railway Administration whether a separate legal entity
State of Kerala vs The General Manager
SR Madras 
419 RAILWAYS ESTABLISHMENT CODE Para 157 Whether the para graph empowers the Railway Board to make rules for the gazetted Railway servants Construction of para 157
SK Chandan vs Union of India and Ors
785 RAILWAY ESTABLISHMENT MANUAL Whether Rule 328 2 providing for the invalidity of promotions made in the Diesel Locomotive Works from August 1 1961 to March 11 1973 casts an obligation on the Railway Board to recall all promotions and to form a fresh panel Meaning of Promotion made in the Diesel Locomotive Works in Rule 328 2 and promotion to the higher grades in Rules 3284
SK Chartdan vs Union of India and Ors
785 RATEABLE VALUE See New Delhi House Rent Control Order  731 REAPPRAISAL of Evidence by Supreme Court
See Practice and Procedure  689 REASONABLE OPPORTUNITY See Constitution of India  128 2 to be heard
See State s Reorganisation Act 
827 REHABILITATION ACT 1954 section 141 b Such cash balances Meaning of
16 Custodian of Evacuee Property vs Smt
Rabia Bai 
255 
Election petition Not accompanied by impugned pamphlet If liable to be rejected Printer If could be called an accom plice Failure to send pamphlet to District Magistrate as required by section 127 A2 If makes the printer an accom plice
Thakur Virendra Singh v 
Vimal Kumar  525 See
15 21 22 23Preparation and revision of electoral roll Amendment transposition or deletion of entries in electoral roll Provision of Sec
23 if mandatory Repre sentation of the People Act 1951 Every person on elec toral roll whether entitled to vote even if name not brought in accordance with law Sec
1001 See
1231 A Bribery Proof of Quasi criminal in nature inter ference with appreciation of evidence by High Court Bihar and Orissa Act Ramji Prasad Singh vs Ram Bilas Jha and four Ors
741 
section 9A Contract signed as President Gram Panchayat Rejection of nomination paper If valid Improper rejection If courts could give relief under section 1001 c
Jugal Kishore Patnaik vs Ratnakar Mohanty 
Incurring expenses in excess of what is per missible Interference by this Court with appreciation of evidence by High Court
Nangthomban Ibomeha Singh vs Leisanghem Chandramoni Singh and Ors  573 RES JUDICATA
See Civil Procedure Code 320 RETRENCHMENT Meaning of See industrial Disputes Act  586 RETROSPECTIVITY
service rules
See Civil Service 
REVISION suo moto limitation for See Limitation  983 RIGHT OF MANAGEMENT Hindu Law Joint Hindu Undivided family Whether a junior member of the family can act as Karta with the consent of all the other members if the senior member gives up his right
Narendra Kurnar J Modi vs Commissioner of Income Tax Gujarat 11
Ahmedabad  112 RIGHT TO PLEAD by legal Practitioners before the Labour Tribunal
See IndustriaI Disputes Act 537 RIGHT TO SUE by the heirs See Bombay Rents Hotel and Lodging House Rates Control Act 1947  341 RIGHT TO SUE for eviction by a co owner
See West Bengal Premises Tenancy Act 1956 
SALE Contract for sale of goods whether inter State sale or intraState sale Ingredients Central Sales Tax Act Section 3a
English Electric Company of India Ltd vs The Deputy Commercial Tax Officer and Ors
 631 SALES REORGANISATION ACT 37 of 1956 section 115 Oppertunity to hear after final inter state seniority list is prepared 17 after giving opportunity to aggrieved officers to make representation against provisional list If should be given
Union of India vs Dr RD Nanjiah and Ors 827 SALES TAX Central Provinces Bear Sales Tax Act 1947 section 2g Expln
II Goods within States at the time of contract of sale mixed up outside state and the mixture sold sale  if taxable
State of Maharashtra etc
vs Central Provinces Manganese Ore Co Ltd 1002 2
Supply of crude oil by Oil and Natural Gas Commission from Assam to refinery of Indian Oil Corporation in Bihar Supply under directions of Government at price fixed by Government If inter state sale liable to Central Sales Tax
Oil and Natural Gas Commission vs State of Bihar and Ors 364 SECOND APPEAL 1 Disturbance of concurrent finding of fact without consid ering the objects of the notification or discussing any principle of construction of documents which could indicate that a point of law had really arisen for a decision is patently exceeding the jurisdiction of the High Court Civil Procedure Code Act V 1908 section 100
Jangbir vs Mahavir Prasad Gupta  670 2
Propriety of upsetting concurrent findings in See Practice  462 SENIORITY 1
Direct recruits of Promotees
See Constitution of India  1037 2
When recruitment irregular
See Civil Service  677 SENIORITY SCHEME Right of State to lay down principles of seniority See Constitution of India  377 SENTENCE Judicial Jurisdiction to soften the sentence in economic crimes and food offences
See   1 SICKNESS BENEFIT See   80 SOLE WITNESS conviction based on See Prevention of Corruption Act 
SPECIAL RULES 1962 Rule 4
Government of AP and Ors
vs Shri D Janardhana Rao Anr
 702 SUCCESSION ACT 1925 Sec
6 legal will Genuineness of Suspicious circumstances Burden of proof Degree of proof
Jaswant Kaur vs Amrit Kaur and Ors
 925 2 1975 section 63 c Attesting witness defined
Seth Beni Chand Since dead now by 1 rs
vs Smt
Kamh Kunwar and Ors
 578 SUMMARY DISMISSAL Court s duty to give reasons
See Practice and Procedure 
411 SUSPENDED OFFICER REINSTATED AND LATER COMPULSORILY RETIRED Effect of If order of suspension merge with order of reinstatement
Baldev Raj Guliani and Ors
vs The Punjab  Haryana High Court and Ors  42 18 SUSPENSION ORDERS Whether merges with order of Retirement See Suspended Officer 
425 TERMINATION of services of temporary servants
See Constitution of India  462 TRANSFER OF PROPERTY ACT 4 of 1882 section 53A Indian Easements Act 5 of882 section 60b and Indian Contract Act 9 of 1872 section 221 Scope of
Shankar Gopinath Apte vs Gangs bai Hariharrao Patwardhan  411 UP INTERMEDIATE EDUCATION ACT 1921 Whether the basic section of a college is within the scope of
Commissioner Lucknow Division and Ors
vs Kumari Prem Lata Misra 957 UP SALES TAX ACT 1948 section 3 A Notification issued under Rule for constructing words Whether carbon paper is taxable as Paper  Whether ribbon is accessory or part of typewriter
State of Uttar Pradesh vs Ms Kores India Ltd 837 section 22 Order of rectification passed within 3 years of orginal order but served beyond 3 years f barred by limitation
Ms Karam Chand Thapar and Bros Coal Sales  Ltd vs State of UP and Anr
 25 UP ZAMINDARI ABOLITION AND LAND REFORMS ACT 1950 Section 117 Scope of State vests lands in Gaon Sabha Suit for eject ment Goan
Sabha did not appeal State If had locus standi
Maharaj Singh vs State of Uttar 5
Pradesh and Ors 1072 UNION AND STATE DISPUTES See Constitution of India  842 VOLUNTARY TRANSFERS See Kerala Land Reforms Act 
960 WEALTH TAX ACT 27 of 1957 S2ei Agricultural Lands What are Tests for determining
Commissioner of Wealth Tax AP vs Officer in charge Court of Wards  Paigah
 146 WEST BENGAL PREMISES TENANCY ACT f Whether one of the co owners can file suit for eviction without impleading other co owners Whether a co owner an owner for the purpose of an eviction suit Stage for raising objection about frame of suit
Sri Ram Pasricha vs Jagannath and Ors 395 WILL genuineness of legal will degree of proof
See Succession Act 1925  925 WORDS AND PHRASES 1
As far as Practicable See Constitution of India  1037 2
House if it concludes buildings
See Bombay Village Panchayat Act  306 3
Other rights in Explanation 2 to section 215 of the Estates Duty Act meaning of
See Other rights  9 4 Out of the funds in his possession and such cash balances
Meaning of Custodian of Evacuee Property vs Smt
Rabia Bai 
255 5
See Person meaning of General Clauses Act  103 19 6
Post graduate Meaning of See Interpretation 
477 7
restoration in Section 70 of the Contract Act meaning of
union of India vs Sita Barn Jaiswal  979 8
Substituted meaning of
State of Maharashtra etc
vs The General Provinces Manganese Ore Co Ltd 1002 9
Vest Persons aggrieved Appurtenance meaning of
Maharaj Singh vs State of Uttar Pradesh and Ors 1072 WRIT JURISDICTION High Court cannot interfere with a finding of fact based upon relevant circumstances and when it is not shown to be perverse The Constitution of India Article 226
Khazan Singh Ors
vs Hukan Singh and Ors
 636 WRIT JURISDICTION OF THE HIGH COURT Scope for interference with findings of depart
mental authorities
Mis Khushiram Behari Lal and Co vs The Assessing Authority Sangrur Anr
 752 M 184 SCI77 2500 9 8 77 GIPF


Summary:
By virtue of section 4 of the UP Zamindari Abolition  Land Reforms Act 1950 the right title and interest of all the intermediaries in every estate including hats bazars and melas stood terminated and vested absolutely in the State
Section 9 provides  that all wells trees in abadi and all buildings situate within the limits of an Estate belonging to an intermediary shall continue to belong to or be held by such intermediary and the site of the buildings which is appurtenant thereto shall be deemed to be settled with him by the State Government
Section 1171 empowers the State Government to vest lands in Gaon Sabhas or other local authorities
Under section 1176 the State Government has power to resume from a Gaon Sabha the lands vested in it
By a notification under section 1171  the State Government vested the land in the village in the Gaon Sabha
On the estate in dispute the defendant who was the quondam zamindar had been conducting a cattle fair
The estate had on it among others a few structures
The plaintiffs  the State and the Gaon Sabha suit for eject ment of the defendant from the estate was dismissed by the trial court
The Gaon Sabha however did not appeal but the State went in appeal to the High Court as a person aggrieved 
The High Court negatived the defendants conten tions that as a result of the notification under section 1171 the land having vested in the Gaon Sabha the State Government had no locus standi and that it was not a person aggrieved but allowed the defendant to keep all the struc tures and a space of 5 yards running round each building
Dismissing the appeal HELD 1 The State has title to sustain the action in ejectment
The Government despite vesting the estates in Gaon Sabhas has and continues to have a constant hold on these estates when it chooses to take away what it had given possession of to a Gaon Sabha
This is plainly present legal interest  in the Government and a sort of precarium tenans in the Sabha
1082 D 1079 F G a The Act contemplates taking over of all zamindari rights as part of land reform
Instead of centralising management of all estates at State level the Act gives an enabling power to make over these states to Gaon Sabhas
Apart from management no power is expressly vested in the Sabhas to dispose of the estates absolutely
If the State thinks fit to amend or cancel the earlier vesting declara tion or notification it can totally deprive the Sabha of and resume from it any estate
The vesting in the State was absolute but the vesting in the Sabha was limited to possession and management subject to divestiture by Government
Such a construction of vesting in two different senses in the same section is sound because the word vest  has many meanings
The sense of the situation suggests that in section 1171 vested in the State  carries a plenary conno tation while shall vest in the Gaon Sabha  imports a qualified disposition confined to the right to full posses sion and enjoyment so long as it lasts
To postulate vesting of absolute title in the Gaon Sabha by virtue of the declaration under section 1171 is to stultify section 1176
1081 A C F G 1073 b The State is a person aggrieved 
He who has a proprietary right which has been or is threatened by violation is an aggrieved person 
The right to a remedy apart a larger circle of persons can move the court for the protection of defence or enforcement of a civil right or to ward off or claim compensation for a civil wrong even if they are not proprietarily or personally linked with the cause of action
The nexus between the lis and the plain tiff need not necessarily be personal
A person aggrieved is an expression which has expanded with the larger urgen cies and felt necessities of our time
1082 E F c The amplitude of legal grievance  has broadened with social compulsions
The State undertakes today activi ties whose beneficiaries may be the general community even though the legal right to the undertaking may not vest in the community
The State starts welfare projects whose effective implementation may call for collective action from the protected group or any member of them
Test suits class actions and representative litigation are the begin ning and the horizon is expanding with persons and organi sations not personally injured but vicariously concerned being entitled to invoke the jurisdiction of the court for redressal of actual or imminent wrongs
1083 A C Dhabolkar  followed Locus standi  has a larger ambit in current legal semantics than the accepted individualistic jurisprudence of old
Therefore the State in the present case is entitled to appeal under section 96 of the Code
of Civil Procedure
1084 D 2 Where a wrong against community interest is done no locus standi  will not always be a plea to non suit an interested public body chasing the wrongdoer in court
In the instant case the Government is the aggrieved person 
Its right of resumption from the Gaon Sabha meant to be exercised in public interest will be seriously jeopardised if the estate slips into the hands of a trespasser
The estate belonged to the State is vested in the Gaon Sabha for community benefit is controlled by the State through directions to the Land Management Committee and is liable to be divested
The wholesome object of the legislature of cautiously decentralised vesting of estates in local self governing units will be frustrated if the State is to be a helpless spectator of its purposeful bounty being wasted or lost
1083 H 1084 A B 3a The touchstone of appurtenance  is dependence of the building on what appertains to it for its use as a building
Obviously the hat bazar or mela is not an appurtenance to the building
Even if the buildings were used and enjoyed in the past with the whole
stretch ofvacant space for a hat or mela the land is not appurte nant to the principal subject granted by section 9 namely buildings
1085 G b The larger objective of section 9 is to settle with the former intermediary only such land as is strictly appurte nant to buildings all the rest going to the State
for implementation of the agrarian reform policy
1084 G c The large open spaces cannot be regarded as appurtenant to the terraces stands and structures
What a integral is not necessarily appurtenant
A position of subordination something incidental or ancillary or depend ent is implied in appurtenance
That much of space required for the use of the structures as such has been excluded by the High Court itself
Beyond that may or may not be necessary for the hat or mela but not for the enjoyment of the chabutras as such
1085 B C d Appurtenance  in relation to a dwelling includes all land occupied therewith and used for the purposes there of
The word appurtenances  has a distinct and definite meaning
Prima facie it imports nothing more than what is strictly appertaining to the subject matter of the devise or grant
What is necessary for the enjoyment and has been used for the purpose of the building such as easement alone will be appurtenant
The word appurtenance  in cludes all the incorporeal hereditaments attached to the land granted or demised such as rights of way but does not include lands in addition to that granted
1086 D E e What the High Court has granted viz 5 yards of surrounding space is sound in law
1086 H 1074