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    <title>1950 (3) TMI 32 - ORISSA HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=289553</link>
    <description>A special tenancy statute governing agricultural occupancy holdings was held to require transfer by registered instrument, so it prevailed over the general rule in the Transfer of Property Act for such land. An oral sale of an occupancy holding or part of it was therefore ineffective to pass title, and the purchaser acquired no valid title. The court also stated that a plaintiff seeking declaration of title and possession could obtain ejectment on the footing of trespass even where tenancy was not proved, provided the case was tried on competing title and the defendant suffered no prejudice. The appellate judgment was set aside and possession restored to the plaintiffs.</description>
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    <pubDate>Tue, 21 Mar 1950 00:00:00 +0530</pubDate>
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      <title>1950 (3) TMI 32 - ORISSA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=289553</link>
      <description>A special tenancy statute governing agricultural occupancy holdings was held to require transfer by registered instrument, so it prevailed over the general rule in the Transfer of Property Act for such land. An oral sale of an occupancy holding or part of it was therefore ineffective to pass title, and the purchaser acquired no valid title. The court also stated that a plaintiff seeking declaration of title and possession could obtain ejectment on the footing of trespass even where tenancy was not proved, provided the case was tried on competing title and the defendant suffered no prejudice. The appellate judgment was set aside and possession restored to the plaintiffs.</description>
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      <pubDate>Tue, 21 Mar 1950 00:00:00 +0530</pubDate>
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