AIR 1976 PATNA 349

Patna High Court

Hon'ble Judge(s): B. D. Singh , J

(A) Bihar Tenancy Act (8 of 1885) , S.48C, S.48D, S.26A— Under-raiyat - His land cannot be sold in execution proceeding. There is no provision in the Tenancy Act under which an under-raiyat can transfer his interest. If an under-raiyat acquires occupancy rights, the occupancy holdings can be sold in execution proceeding. But in view of the definition of `holding' in S.3 (9) only a raiyat can have an occupancy holding. And `raiyat' does not and cannot include `under-raiyat'. Therefore the occupancy rights of under-raiyat cannot be sold away in execution proceeding as they are not transferable. Section 48-C should also be read along with the provisions contained in S.48-D of the Act. Section 48-D limits the rights of under-raiyat. The provisions contained in Sec.26-A are not included in Section 48-D. It is only under S.26-A that an under-raiyat's Sikmi rights can be transferred. 1963 BLJR 90, Not Followed; AIR 1949 Pat 444 and AIR 1941 Pat 593, Relied on.(Para 4 5) (B) Bihar Tenancy Act (8 of 1885) , S.162A Proviso 2— Under raiyats' land - Execution proceeding - Court can release under-raiyat's land without deciding whether the sale proceeds of the other land belonging to the judgment-debtor is sufficient to meet the decretal amount. AIR 1954 Pat 30....