Occupant, he who is in possession of a thing. See OCCUPANCY.
A person in occupation. A person should be in occupation in his own right and not on behalf of someone else, Upper Ganges Sugar Mills Ltd. v. Khalil-ul-Rahman, AIR 1961 SC 143: (1961) 1 SCR 564.
It is legitimate to conclude that even a Jagirdar or a Muafidar is an occupant, Maulana Shamsuddin v. Khushilal, AIR 1978 SC 1740: (1979) 1 SCC 121: (1979) 1 SCR 582. [Bhopal State Land Revenue Act, 1932, s. 2(15)]
The expression 'occupant' though not defined in the Act, means a person holding the land in possession or actual enjoyment, Shiveshwar Prasad Narain Singh v. Ghurahu, AIR 1979 SC 413: (1979) 3 SCC 23: (1979) 2 SCR 296. [U.P. Zamindari Abolition and Land Reforms Act, 1950 (1 of 1951), s. 20(b)(i)]
Occupant is a person who having obtained the right to possess a public premises, has the right to prohibit entry of another into it, Narayan Ch. Rana v. Balasore Municipal Council, AIR 1991 Ori 179.
The word 'occupant' must mean a person holding the land in possession or actual enjoyment, Amba Prasad v. Mohaboob, (1964) 7 SCR 800: AIR 1965 SC 54 (58). [U.P. Zamindari Abolition and Land Reforms Act, 1950 (1 of 1951), s. 20(b)(i)]
The word would clearly cover any person who has been recorded as having been in occupation of the land in question in the relevant fasli irrespective of the capacity in, or, title under, which he so occupied it, Udai v. Dy. Director of Consolidation, 1989 Supp (11) SCC 722: AIR 1990 SC 471 (472).
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