1951 (3) TMI 37 - HC - Indian Laws

Invalid Transfer of Site to Tenant Due to Landlord's Power

Bakharia Dhuria Versus Manak Gangaram

The court held that the transfer of the site to the tenant was not valid based on the tenant's need for a larger site, emphasizing the lambardar's power ... - Issues:1. Validity of transfer based on adequacy of site for tenant's needs.2. Acquiescence of the landlord in tenant's construction activities.Issue 1: Validity of transfer based on adequacy of site for tenant's needs:The case involved a dispute where the tenant, a lambardar, purchased a site in an abadi of a village and constructed a building on it. The appellate judge initially ruled in favor of the tenant, stating that the transfer was valid as the tenant needed a larger site for his growing family. However, the decision was challenged citing precedents like Bapu v. Ganpat Rao, which held that the question of adequacy of sites should be decided by a revenue court. The court referred to various judgments, including Nilkanth v. Vishwanath, emphasizing that the lambardar has the power to allot abadi sites and that village management could be disrupted if co-sharers could buy houses without consent. Ultimately, the court held that the transfer was not valid based on the tenant's need for a larger site.Issue 2: Acquiescence of the landlord in tenant's construction activities:The appellate judge also based the decision on the landlord's acquiescence to the tenant's construction activities. The court analyzed previous cases like Mt. Deoki v. Mukunda and Dhunnoo v. Sheolal, highlighting the distinction between inactivity leading to acquiescence and the need for conduct amounting to fraud to establish acquiescence. The court rejected the defense of acquiescence, stating that the landlord's silence did not imply consent, especially when both parties were aware of the situation. The court also dismissed the tenant's reliance on the wajib-ul-arz, emphasizing that house sites were not transferable without the landlord's consent. Ultimately, the appeals were allowed, the lower court's decrees were set aside, and the tenant was granted six months to remove the structures.This judgment clarifies the legal principles surrounding the validity of transfers based on the adequacy of sites for tenants and the requirements for establishing landlord acquiescence in construction activities. It underscores the importance of consent in property transfers and the need for clear evidence to prove acquiescence in legal disputes.