AIR 1982 ALLAHABAD 158

Allahabad High Court

Hon'ble Judge(s): Deoki Nandan , J

(A) Easements Act (5 of 1882) , S.56— Land belonging to erstwhile Zamindar - Transfer of standing construction by licensee - Term implied in respect of non-agricultural village - Abolition of Zare Chaharum and Zamindari - Term of Fasal Chaharum of Wazlb-ul-Arz cannot be invoked to invalidate transfer. Wajib-ul-Arz. Transfer of Property Act (4 of 1882) , S.7, S.105— A right to transfer is necessarily implied in case of licences granted by Zamindars for building houses on land forming part of their Zamindari in areas other than agricultural villages, Maunath Bhanjam was not being an agricultural village, the licensee would be entitled to transfer the standing construction.(Para 12 13) Where in the part wherever a house was constructed, the site of which belonged to the Zamindari and not to the house owner, was transferred, it would be the 'Amla' which was transferred and not the house with the site. The 'Amla' i.e. the standing construction carried with it the right to occupy the site on the terms on which the transferor occupied it and that is why payment of "zare chaharum' was required. Zare chaharum has, however, been abolished and the term about the previous permission of the Zamindar as contained in the Wazib-ul-Arz of village Sarahu of Pargana Maunath Bhanjam, district Azamgarh from the s....