STATE OF BOMBAY Vs. FAKIR UMAR DHANSE

JUDGEMENT

(1.) AFTER narrating the facts as above the judgment' proceeded:] In order to appreciate the arguments, which have been advanced in this appeal, it is necessary to mention the relevant provisions of the Land Revenue Code. Clause (11) of Section 3 of the Code states that 'to hold land', or to be a 'landholder', or 'holder' of land means to be lawfully in possession of land, whether such possession is actual or not Clause (12) defines 'holding' to mean a portion of land held by a holder. Clause (20) defines the word 'alienated' to mean transferred in so far as the rights of the State Government to payment of the rent or land revenue are concerned, wholly or partially, to the ownership of any person. The word 'occupant' is denned in Clause (16). This clause states that 'occupant' means a holder in actual possession of unalienated land, other than a tenant: provided that where the holder in actual possession is a tenant, the landlord or superior landlord, as the ease may be, shall be deemed to be the occupant. In Clause (17) 'occupancy' is denned as meaning a portion of land held by an occupant; while Clause (18) defines the expression 'to occupy land' as meaning to possess or to take possession of land. Clause (19) states that 'occupation' means possession.

(2.) THE Code, therefore, divides lands into two categories: (1) alienated lands, that is lands, the land revenue of which is wholly or partially transferred to the owner ship of any person, and (2) unalienated lands, which are commonly known as Sarkari (Government) or Khalsa lands. When a person is lawfully in possession of unalienated land, otherwise than as tenant, he is called an occupant, and the land held by him is called an occupancy.

(3.) SECTION 73 provides: An occupancy shall, subject to the provisions contained in Section 56, and to any conditions lawfully annexed to the tenure, and save as otherwise prescribed by law, be deemed an heritable and transferable property. The occupant is not entitled to mines and mineral products. The right to them vests in Government under Section 69. The occupant is also not entitled to all the trees in his land. The trees, which have been reserved in the manner referred to in Section 40, vest in Government under Section 41.