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Allahabad High Court
Chatterpal vs Gajadhar Upadhya And Ors. on 18 June, 1914
Equivalent citations: 25 Ind Cas 59
Author: S Lal
Bench: S Lal


Sunder Lal, J.

1. The plaintiffs in this case are the zemindars of the village. The defendant is a tenant occupying a house in the abadi. Near his house is a plot of open land No. 17 which has been found by the Court below to have been in the use of the tenant for a considerable time. The tenant now proposes to enclose the plot and construct a house on it. To this the zemindars do not consent and they have brought a suit for possession and an injunction restraining the defendant from constructing on the land. The question is whether the tenant can, as of right, build on the said land. At most the tenant has a right to use the open land for various purposes.

2. There was either a license to use the land on an easement enjoyed by him, if such a position were legally possible. As a tenant he could not acquire an easement over his zemindar’s land and a licensee is not entitled to impose any additional burden or construct a building upon the land used by him without his landlord’s consent.

3. The Court below was perfectly right in restraining the defendant from building on the land. The authorities cited fully bear out the position and I think the decree of the Court below is correct. I dismiss the appeal with costs.

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