# [1966] 3 S.C.R. 875

- **Citation:** [1966] 3 S.C.R. 875
- **Court:** Supreme Court of India
- **Decided:** 1966
- **Case number:** Civil Appeal Nos. 80 and 81 of 1964
- **Bench:** K. Subba Rao, V. RAMAsWAM!, J. M. Shelat
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/1966-3-s-c-r-875-3776
- **Pages:** 5

## Headnote

U.P. Zamlndarl Abolition and Land Reforms Act (U.P. Act I of
1951), s. 9-Brick kiln whether 'building' within meaning of section
The respondents owned a brick kiln which they leased out to the appellants in 1950. They filed a suit against the appellants claiming rent for
the period October 1, 1952 to September 30 1953. The appellants contended in defence that as a result of the operation of the U.P. Zamindari
Abolition and Land Reforms Act the Land in question stood vested in
the State of U.P. with effect from July 1, 1952 and no rent was payable
ID the respondents thereafter. The suit was partly decreed by the trial
oourt but dismissed in toto by the first appellate court. In second appeal
the High Court held that th~ brick kiln was a 'building' within the meaning of s. 9 of the Act and therefore the land did not vest in the State.
The appellants came to this Court.
HELD : In the absence of a definition in the Act itself the question
as to what is a 'building' under s. 9 must always be question of degree--
a question depending on the facts ancl circumstances of each case. The
brick kiln in the present case was a mere pit with some bricks by its
aides. It could not be said to be a 'building' within the meaning of s. 9
of the Act and the High Court therefore went wrong in holding that the
land did not vest in the State. [878 E-F, HJ
R. v. Neath Canal Navigation, 40 L.J.M.C. 197, referred to.

## Text

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GHANSHIAM DAS
v .
DEVI PRASAD & ANOTHER
March ll, 1966
[K. SUBBA RAO, V. RAMAsWAM! AND J. M. SHELAT JJ.]
U.P. Zamlndarl Abolition and Land Reforms Act (U.P. Act I of
1951), s. 9-Brick kiln whether 'building' within meaning of section
The respondents owned a brick kiln which they leased out to the appellants in 1950. They filed a suit against the appellants claiming rent for
the period October 1, 1952 to September 30 1953. The appellants contended in defence that as a result of the operation of the U.P. Zamindari
Abolition and Land Reforms Act the Land in question stood vested in
the State of U.P. with effect from July 1, 1952 and no rent was payable
ID the respondents thereafter. The suit was partly decreed by the trial
oourt but dismissed in toto by the first appellate court. In second appeal
the High Court held that th~ brick kiln was a 'building' within the meaning of s. 9 of the Act and therefore the land did not vest in the State.
The appellants came to this Court.
HELD : In the absence of a definition in the Act itself the question
as to what is a 'building' under s. 9 must always be question of degree--
a question depending on the facts ancl circumstances of each case. The
brick kiln in the present case was a mere pit with some bricks by its
aides. It could not be said to be a 'building' within the meaning of s. 9
of the Act and the High Court therefore went wrong in holding that the
land did not vest in the State. [878 E-F, HJ
R. v. Neath Canal Navigation, 40 L.J.M.C. 197, referred to.
CIVIL APPELLATE JURISDICTION : Civil Appeal Nos. 80 and 81
of 1964.
·
Appeals by special leave from the judgment and decree dated
the October 24,
1960 of the Allahabad High Court in Second
Appeals Nos. 2510 and 2511 of 1957.
S. P. Sinha and M. I. Khowaja, for the appellant.
J.P. Goyal, for the respondents
The judgment of the court was delivered by
Ramaswami, J. Thequestionoflawinvolvedin these appeals
is whether the disputed brick kiln on plots nos. 596 and 597 in
Mauza Sarwat, Pargana and District Muzaffarnagar and leased
out to the appellant is a "building" within the meaning of s. 9
of the U.P. Zamindari Abolition and Land Reforms Act (U.P.
Act I of 1951).
The respondents are the owners of a brick kiln located on the
two plots nos. 596 and 597 in Mauza Sarwat, Pargana and
District Muzaffarnagar.
They leased out the brick kiln to the
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SUPREMB COURT REPORTS
[1966) 3 S.C.R.
appellant under a registered lease deed dated December 29, 1950.
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The lease was to take effect from January I, 1951 and terminate oo
September 30, 1953. The rent was fixed at Rs. 41
per mensem
payable annually in the month of October. The rent for tho
period October l, 1952 to September 30, 1953 remained duo
qainst the appellant. The respondents filed a suit (no. 1125
of 1953) in the Court of Munsif Muzaffarnagar for the rccoveryjB
of Rs. 492
being arrears of rent from October l, 1952 to
September 30, 1953. The suit was contested by the appellant who
pleaded that after the passing of the U.P. Zamindari Abolition
aild Land Reforms Act (U.P. Act I of 1951)-hereinafter called
the 'Act' -the plots of land had vested in the State of U.P. under
e. 6 of tho Act with effect from July I, 1952 and the respondenta
were, therefore, not entitled to claim any rent from the appellant
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By his judgment dated February 12, 1955 the Additional Munsif,
Muzaffarnagar held that the brick kiln did not vest in the State and
uitoccupiedonly I/3rd of the total area of the land, the respondents were entitled to a decree for I /3rd of the rent claimed. Tho
Munsif accordingly granted a decree for a sum of Rs. 164 and/(
dismissed the balance of the claim of the respondentJ. Against
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the judgment of the Additional Munsif both the parties filed
appeals before the District Judge.
Both the appeals were disposed of by the Civil Judge of MuzatTarnagar by a common judg.
ment dated August 19, 1957. It was held by the Additional Civil
Judge that the brick kiin could not be regarded as a "building''
within the meaning of s. 9 of the Act and the entire area of the
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two plots nos. 596 and 597 had
vested in the State. The
Additional Civil Judge accordingly allowed the appellant's appeal
and dismissed the appeal of the respondents. The net result W8!
that the suit of the respondents for arrears of rent was dismissed!/
as a whole.
Against the judgment of the Additional Civil
Judge the respondents filed two Second Appeals nos. 2510 and
2511 of 1957 to the High Court. The High Court held that tho
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brick kiln was a "building" within the meaning of s. 9 of the Act
and the title to the two plots of land did not vest in the State
and the respondents acquired the righs of statutory tenants under
1. 9 of the Act and they had a right to demand rent from the
appellant under the tcnns of the lease. The High Court
accordingly allowed both the Second Appeals and granted a decree
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to the respondents for the entire amount of rent claimed.
Section 4 of the Act deals with the acquisition of the interest.
of intermediaries. The section provides as follows :
"4. (I) As soon as may be after the commencement
of this Act the State Government may, by notification,
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declare that as from a date to be specified, all estates situate
in lJttar Pradesh shall vest in the State and, as from tho
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GHANSHIAM v. DEVI PRASAD (Ramaswami, l.)
877
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beginning of the date so specified (hereinafter called the
date of vesting), all such estates, shall stand transferred to
and vest, except as hereinafter provided, in the State free
from all encumbrances.
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(2) It shall be lawful for the State Government, if it so
considers necessary, to issue, from time to time, the notification referred to in sub-section (1) in respect only of
such area or areas as may be specified and all the provisions of sub-section (1) shall be applicable to and in the case
of every such notification."
Section 6(a) sets out the consequences of the vesting of an estate
in the State. Section 6(a) reads as follows :
"6. When the notification under s. 4 has been
published in the Gazette, then, notwithstanding any·
thing contained in any contract or document or an any other
law for the time being in force and save as otherwise provided in this Act, the consequences as hereinafter- set
forth shall, from the beginning of the date of vesting, ensue
in the area to which the notification relates, namely :...:.: .
(a) all rights, title and interest of all the intermediarics-
(i) in every estate in such area including land (cultivable or barren), grove-land, forests whether
within or outside village boundaries, trees (other
than trees in village abadi, holding or grove),
fisheries, tanks, ponds, water-channels, ferries,
pathways, abadi sites, hats, bazars and melu
other than hats, bazars, and melas held upon
land to which clauses (a) to (c) of sub-section
( 1) of section 18 apply and,
(ii) in all sub-soil in such estate including rights, if
any, in mines and minerals, whether being worked
or not;
shall cease and be vested in the State of Uttar
Pradesh free from all encumbrances;"
Section 9 of the Act states :
"9. All wells, trees in abadi and all buildings situate
within the limits of an estate, belonging to or held by an
intermediary or tenant or other person, whether residing
in the village or not, shall continue to belong to or be held
by such intermediary, tenant or person, as the case may
be, and the site of the wells or the buildings with the area
878
SUPREME COURT REPORTS
[1966] 3 S.C.R.
appurtenant thereto shall be deemed to be settled with
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him by the State Government on such tenns and conditions as may be prescribed."
The word "building" bas not been defined in the Act and must,
therefore, be construed in its ordinary grammatical sense unless
there is something in the context or object of' the statute to show
that. it is used in a special sense different from its ordinary grammallcal sense. In Websters New International Dictionary the
word "building" has been defined as follows :
"That which is built specif : (a) as now generally used
a fabric or edifice, framed or constructed, designed to
•land more or less pennanently, & covering a space of land
for use as a dwelling, store house, factory, shelter for beasts
or liome other useful purpose. Building in this sense does
not include a mere wall, fence, monument, hoarding or
1imilar structure though designed for pennanent use where
it stands, nor a steamboat, ship or other vessel of navigation."
From this definition it does not appear that the existence of a roof
ia always necessary for a structure to be regarded as a building.
It.ecidcntial buildings ordinarily have roofs but there can be a
non-residential building for which a roof is not necessary. A large
stadium or an open-air swimming pool constructed at a considerable expense would be a building as it is a permanent structure and
designed for a useful purpose. The question as to what is a "building" under s. 9 of the Act must always be a question of degrcoa question depending on the facts and circumstances of each caae.
Al Blackburn, J. observed in R. v. Neath Canal Navigation ( 1)
:
"The masonry on the sides of a canal is not sufficient
to constitute it a 'building'. A London street, though paved
and faced with stonework, would yet be 'land', whilst the
Holborn Viaduct would be a 'building'."
The question for determination in the present case, therefore, is
whether the kiln leased out to the appellant is a "building" within
the meaning of s. 9 of the Act. It has been found by the lint
appelate court that the brick kiln has no site and is not a roofed
structure. It was a mere pit with some bricks by its sides. It is
also admitted in this case that there was no structure standing on the
Bhatia. Upon these facts, it is clear that the brick kiln has no walls
and no roof but it is a mere pit dug in the ground with bricks by its
side. In the circumstances, we are of the opinion that the brick
kiln leased out to the appellant, in the present case, is not a "buil-
(1) 40 L J.M. C. 197.
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GHANSHIAM v. DEVI PRASAD (Ramaswami, J.)
879
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ding" within the meaning of s. 9 of the Act. It follows, therefore
that the title to both the plots nos. 596 and 597 along with the brick
kiln vested in the State Government with effect from July l, 1952 and
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the respondents are not entitled to claim any rent from the appellant for the period from October l, 1952 to September 30, 1953.
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For the reasons expressed, we hold that suit no. Jl25 of 1953
filed by the respondents should be disinissed and these appeals
must be allowed with costs.
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Appeal a/lo.wed.