1977 (3) TMI 185

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.... acre 20 guntas was leased to one Rao Saheb Gopalgiri, as a building site under Sanads -- Exs. P. 3 and P. 4. In 1917 Gopalgiri executed a Kabuliyat Ex, P-5 in favour of the Government. The said Kabuliyat provided inter alia conditions for erecting buildings and also stated that he would pay ground rent at the rate of Rs. 30/- (being at the rate of Rs. 24/- per acre) for 50 years commencing from 1st Aug. 1915, and thereafter he would pay such ground rent for such further periods as may from time to time be fixed by lawful authority. It also provided that he should be entitled to occupy the said land, in perpetuity, but if he contravened any of the conditions, the Collector may declare the land forfeited to Government and may dispose of the ....

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.... to sell the same in favour of the respondent and the respondent as landlord could maintain the action for eviction. The correctness of the decision of the learned Judge is called into question in these petitions. 3. In my view, the problem presented is not a complicated one. It is not in dispute that the petitioners came to occupy the buildings as tenants and it is also not in dispute that they paid rents first to Ramachandragiri and after his death, to his wife Kamalinibai continuously for a period of 20 years. They however, refused to recognise the respondent as owner despite the registered sale deed in his favour. In these circumstances I am quite unable to understand the legitimacy of their stand, when they did not dispute the....

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.... soil becomes a part of it and is subjected to the same rights of property as the soil itself, as has been observed by Sir Lancelot Sanderson in Narayan Das v. Jatindranath. The learned Judge observed: "..... In India respecting the separation of the ownership of buildings from the ownership of the land, and to the recognition by the Courts in India that there is no rule of law that whatever is affixed or built on the soil becomes a part of it, and is subjected to the same rights of property as the soil itself, their Lordships are of opinion that in order to make a house erected upon the land, as well as the land itself, subject to the Government power of sale for arrears of revenue special words indicating the intention of the Leg....