Raiyats in West Bengal Land Reforms Act 1955

'' Land'' is a very important issue in different connotations. It is rightly stated by the Supreme Court in Shri Ram Narayan vs State of Bombay, AIR 1953 SC 459 - ''Land'' , that is to say rights in or over land, land tenures including the relation of landlord and tenant, the collection of rents; transfer and alienation of agriculture lands ; land improvement and agriculture loans; colonization''. In the other words, '' Land '' is an immovable and indestructible three dimensional area consisting of a portion of the earth's surface, the space above and below the surface, and everything growing on or permanently affixed in it. Not only the concept of land, its use is also multidimensional, because land is used for agricultural purpose as well as non agricultural purposes, to construct building, highway, etc.

Raiyat - Section 2 (10) of the west Bengal Land Reform Act 1955 defines Raiyat. ' Raiyat ' means a person or an institution holding land for any purpose whatsoever. person ' has been defined in the General Clauses Act 1897 in section 3(42) as follows. ''Person shall include any company or association or body of individuals whether incorporated or not''. A Raiyat can hold land for agricultural purpose and not only that '' a land held for non agricultural purpose by a person is also Raiyat''. Similar view was taken by the Court in Pafulla Kumar Maity Vs Amal Krishna Mishra where the court observed that a Raiyat may hold land which is being used for non-agricultural purpose apart from agricultural or homestead land.

Do you know about Bargadar under West Bengal Land Reforms Act 1955.

Q. What is the definition of Bargadar ? Ans- Section 2 (2) of the West Bengal Land Reform Act 1955 defines bargadar. Basically Bargadar means a person who cultivates the land of another person, on condition of delivering a share of the produce or Bhag produce of the land to the owner, or on condition of receiving a share of the produce or Bhag produce from the owner of such land but does not include the near relatives of the owner of the land, such as wife or husband or child etc. List of such relations are mentioned in sections 2(2)(a) to (n) under West Bengal Land Reform Act 1955. Generally a person who delivers a bhag produce to the owner of the land is known as Adhi, Barga or Bhag and a person who receives a bhag produce from the owner of the land is known as Kisani . In the case , Tapan Kumar Ghosh Vs State of West Bengal, petitioner's names were recorded as bargadars in respect of certain portions of land instead of entire plots of land by th...

Latin Maxim 'NOSCITUR A SOCIIS'

NOSCITUR A SOCIIS “A Latin Phrase” Noscitur: to know -- Sociis: Association “To know from the association” Meaning of a word is to be judged by the company it keeps. Unclear word or phrase should be determined by the words immediately surrounding it. If multiple words having similar meaning are put together, they are to be understood in their collective. Questionable meaning of a doubtful word can be derived from its association with other words. This principle needs a word or phrase or even a whole provision that stands alone has a clear meaning. Where it can be used: When the associated words have similar meaning. When the intention or legislator is not clear. Where it cannot be used : When the words have disjoint meaning. When the intention of the legislator is clear. Case Law: Alamgir V. State of Bihar - The Sc held that though the word “detains” generally means detention against will, this meaning cannot be attributed to the ...

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