High CourtsDivision Bench(1940) 08 AHC CK 0002

Partab Bahadur and Others vs Rana Uma Nath Bux Singh And Another

Allahabad High Court · Decided on 9 August 1940

HON’BLE JUDGES
Zia-ul-Hasan, J · Yorke, J
CASE NUMBER
Second Civil Appeal No. 105 of 1937

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Judgment

1 paragraphs · 100 words
1.

The holder of a rent-free grant with a right of inheritance but no right of transfer is a tenant within the meaning of S. 3 (10), Oudh Rent Act. The principles of tenancy land are applicable to such a holding and the principles of the Hindu joint family property do not apply. The father who is holding such a tenancy can relinquish it under S. 20, and the sons cannot sue to recover it on the ground that it was joint family property. It makes no difference whether there has or has not been a partition in the family.