2015 AIR SCW 6333 ::2015 (6) AIR Bom R 475 ::2015 (6) ABR 475 ::(2015) 2 WLC(SC)CVL 782 ::(2016) 130 RevDec 159 ::2016 (14) SCC 388 ::(2015) 10 Scale 559 ::(2015) 6 AllMR 928 (SC) ::(2016) 2 Cal HN 18 ::(2016) 1 Bom CR 19 ::(2016) 1 ICC 634 ::(2016) 1 JLJR 64 ::(2016) 1 Pat LJR 197

Supreme Court Of India

(From : Bombay)

Hon'ble Judge(s): Ranjan Gogoi, R. K. Agrawal , JJ

Maharashtra Land Revenue Code (41 of 1966) , S.148, S.149, S.150— Record of rights - Entering name therein - Not permissible merely on basis of possession - Applicant has to prove his title of possession - Fact that original owner did not object to his possession - Does not make his possession lawful. To exercise the right under S. 148 read with Ss. 149 and 150 of the Code for entering one's name in the Record of Rights, the applicant has to be a holder, occupant, owner, mortgagee or tenant. Such a right is also available to a person acquiring interest in the property by succession, survivorship, inheritance, partition, purchase mortgage, gift, lease or otherwise. The appellant claimed that he along with others is in possession of the suit @page-SCW6334 land for the last 15-20 years and, therefore, his claim was required to be entered in the 'Other Rights' column. This contention has been rejected by the Sub-Divisional Officer as well as by the Deputy Collector (Appeals) but confirmed by the Additional Commissioner. Merely a holder or occupant does not meet the requirements of law for exercising such a right. S. 2(12) of the Code, makes it clear that to be a 'land holder' or 'holder of land' means to be lawfully in possession of land, whether such possession is actual or not and as per S.2(23) 'occupant' means a holder in actua....