Case: Sabitri Devi Thirani Vs. Satya Narain Mandal

1. This is an appeal by special leave from a judgment of the Patna High Court. The facts may be stated. The appellant had purchased land measuring 3 Bighas, 6 Kathas and 3 Dhurs in the town of Kishanganj, Bihar. Out of the aforesaid land the dispute between the parties relates to an area of 1 Katha and 10 Dhurs. The respondent entered upon the aforesaid area and erected some structures on it. The appellant filed a suit in the year 1959 against the respondent for possession and mesne profits in respect of the land. The suit was resisted by the respondent on various grounds. One of the points which was raised by the respondent was that the interest of the appellant in the suit land was that of an intermediary and it had vested in the State under the Bihar Land Reforms Act, 1950 hereinafter called the Act. The suit was decree by the trial court and that decree was affirmed by the first appellate court.2. On Second appeal by the respondent the High Court called for a finding on the question as to what was the character and nature of the appellants interest in the disputed land. The Additional Subordinate Judge submitted a finding that the appellant held the interest of an intermediary in the land. This finding was not disputed before the High Court when the judgment under appeal was delivered. What was contended was that the suit land was homestead and was saved from vesting in the State by S. 5 of the Act. The High Court was of the opinion that the suit land was not homestead within the meaning of clause (j) of S. 3 which gives the definition of the term "homestead".

Reasoning: Clause (j) of S. 2 defines "homestead" to mean a dwelling house used by the proprietor or a tenure holder for the purpose of his own residence or for the purpose of letting out on rent together with....and includes anyused for the purpose connected with agriculture......appertaining to such dwelling house. It is quite clear that no other conclusion could have been reached except the one at which the High Court arrived in view of the facts which have been found, namely, that the interest of the appellant was that of an intermediary and the construction which had been made by the respondent as also the land on which it stood could not possibly fall within the definition of "homestead" even when read with the explanation contained in clause (j) of S. 2 of the Act. It was neither a dwelling house used by the appellant for the purpose of personal residence or for the purpose of letting out on rent nor was it anused for the purposes mentioned in the definition. Under S. 5 it is only the "homestead" which is in the possession of an intermediary on the date of vesting of which the intermediary is entitled to retain possession; Although the respondent did not have any legal title and has been found to be a trespasser but the entire estate of the appellant including the disputed land had vested in the State under the Act and therefore the suit for possession was not maintainable unless the appellant could taken advantage of S. 5 read with S. 2 (j) of the Act. This benefit the appellant could not get for the reasons stated by the High Court and noticed above.