AIR 1966 SUPREME COURT 1931

Supreme Court Of India

(From Patna: 1961 BLJR 154)

Hon'ble Judge(s): K. Subba Rao, V. Ramaswami , JJ

(A) Bengal Ghatwali Lands Act (5 of 1859) , S.1— Court of Wards Act (4 of 1870) , S.8, S.9— Tenancy Laws - Act 5 of 1859 is special statute dealing with Ghatwali lands while Act 4 of 1870 is general statute dealing with management of estates that come under Superintendence of Court of Wards - General later law does not abrogate earlier special one by mere implication - Special provisions under Act 5 of 1859 in regard to conditions imposed for validity of lease of Ghatwali land prevail over those imposed under Act 4 of 1870 - Ghatwali estate under Superintendence of Court of Wards leased in perpetuity for purpose of erecting dwelling houses - Lease granted by Deputy Commissioner and not by Commissioner, on behalf of Court of Wards - Validity of lease not questioned for about 80 years and lessee in possession of land all those years - Presumption under III. (e), S. 114, Evidence Act, 1872, viz., Official act if proved to have been done, is presumed to have been regularly done', arises - Lease held valid. 1961 BLJR 154, Reversed. Evidence Act (1 of 1872) , S.114 III(e)— (Para 7 8 10 12) (B) Supreme Court - Practice - New point - Suit to recover possession of Ghatwali land by Ghatwal alleging that lease of land was ....