AIR 1954 SUPREME COURT 139

Supreme Court Of India

(From : Orissa)

Hon'ble Judge(s): M. Patanjali Sastri, Mehr Chand Mahajan, S. R. Das, Vivian Bose, Ghulam Hasan , JJJ

(A) Orissa Estates Abolition Act (1 of 1952) , S.2(h), S.2(g), S.3— Tenancy Laws - "Intermediary" and "estate". Before any property can be taken over under the Act, it must be an "estate" within the meaning of the above definition and so must belong to an "intermediary" as defined in clause (h). In order to be an "intermediary" within the difinition, it is not enough, if the person is a Zamindar, Ilaquedar, or Jagirdar Simpliciter but he must fall within one or other of the categories "within the meaning of the Wajibul-arz or any Sanad, deed or other instrument". (Para 8, 27) Owners of Hemgir and Saraphgarh property within the former State of Gangpur, now merged in the State of Orissa are not intermediaries as defined in S. 2(h) and their properties namely Hemgir and Sarapgarh are not 'estates' within the meaning of S. 2(g) and that being so the State Government had no jurisdiction or authority to issue any notification under S. 3 with respect to their properties.(Para 9) @page-SC140 Per Patanjali Sastri C. J. Das and Ghulam Hasan JJ. (Mahajan and Bose JJ. contra): The proprietor of the Nagra Zamindari estate (within the former State of Gangpur, now merged in the State of Orissa) held under the Ekrarnama on the terms of payment of a fixed annual rent to the Raja of Gangpur since 1....