AIR 1997 SUPREME COURT 2089 ::1997 AIR SCW 1921 ::(1997) ILR (Kant) 2186 ::1997 (5) SCC 112 ::(1997) 3 Scale 381 ::1997 (2) BLJ 700 ::(1997) 2 Pat LJR 42 ::(1997) 3 SCR 140 (SC) ::1997 (3) SCR 140 ::(1997) 4 Supreme 235 ::(1997) 5 JT 635 (SC) ::1997 (5) JT 635

Supreme Court Of India

(From : Patna)

Hon'ble Judge(s): K. Ramaswamy, S. Saghir Ahmad , JJ

(A) Bihar Land Reforms Act (30 of 1950) , S.6(1)— Khas possession of intermediary - Contemplates actual possession without any dilution - Sale of land by intermediary - Land sold was in possession of lessee for years together since 1925 -Purchaser getting possession only in execution of decree - Cannot be said that intermediary was in khas possession. Though the definition of "intermediary right" as used in Section 6(1)(a) of the Act, is inclusive of the yearly cultivation and intermediary becomes owner of such land subject to payment of rent determined, the intendment of khas possession is referable to the intermediary who must be @page-SC2090 in actual possession, i.e., one foot on the land, and the other on the plough in the field and hands in the soil; although hired labour is also contemplated. The emphasis is on the point that the possession is actual possession and admits of no dilution except to the extent specified under Section 6, i.e., itself by an inclusive process, permits and the animation of retention of possession always must be manifested. It is true that the inclusive definition in Section 6(1)(a) would also include yearly lease but it indicates that the possession should always by retained by the intermediary and the tenant must have no security of his tenancy right.(Para 13 14) ....