AIR 1952 NAGPUR 398

Nagpur High Court

Hon'ble Judge(s): R. Kaushalendra Rao, Deo , JJ

(A) C.P. and Berar Land Revenue Act (2 of 1917) , S.200— Revenue Sale - Delivery of possession - Subsequent wrongful possession - Suit by purchasee for possession - Bar of. Questions arising from wrongful possession subsequent to the delivery of possession in pursuance of a revenue sale are not left to be determined by the authorities under the Land Revenue Act. Consequently, S. 200 does not stand in the way of the Civil Court's entertaining a suit for possession by the purchaser against the person in wrongful possession.(Para 6) (B) C.P. and Berar Land Revenue Act (2 of 1917) , S.128(f), S.138(1)— Revenue sale of mahal - Khudkasht land passes with mahal. The khudkasht land is a part of the mahal on which the revenue is assessed and is not something apart from it. So when the mahal is sold for arrears of land revenue the khudkasht land which forms part of it goes with the mahal in the absence of any express reservation. Case law discussed.(Para 13) (C) C.P. and Berar Land Revenue Act (2 of 1917) , S.188— Khudkasht fields held in severally by co-sharer - Right of another co-sharer to lease out. A co-sharer of a mahal cannot lea....