Resumption - Definition - Law Dictionary Home Dictionary Definition resumption

Definition :

Resumption. 1. The taking again by the Crown of such lands or tenements, etc., as on false suggestion had been granted by letters-patent, Bro. Ab. 291.

2. By agricultural landlord, before legal tenancy ended, of the tenant's land (generally in part only) for building, etc., purposes, making an abatement of rent and giving compensation for damage to crops. Notice to quit part only being invalid at common law, Doe v. Archer, (1811) 14 East, 245 this resumption has frequently to be specially stipulated for; but in many cases of yearly tenancy recourse may be had to s. 27 of the (English) Agricultural Holdings Act, 1923, by which:-

Where a notice to quit is given by the landlord of a holding to a tenant from year to year with a view to the use of land for any of the following purposes:-

(i) The erection of farm labourers' cottages or other houses with or without gardens;

(ii) The provision of gardens for farm labourers' cottages, or other houses;

(iii) The provision of allotments;

(iv) The provision of small holdings as defined by the Small Holdings and Allotments Act, 1908 to 1919;

(v) The planting of trees;

(vi) The opening or working of any coal, ironstone, limestone, brick earth, or other mineral, or of a stone quarry, clay, sand, or gravel pit, or the construction of any works or buildings to be used in connexion therewith;

(vii) The making of a watercourse or reservoir;

(viii) The making of any road, railway, tram-road, siding, canal, or basin, or any wharf, pier, or other work connected therewith;

and the notice is given with a view to any such use-

(a) it shall, by virtue of this Act, be no objection that it relates to part only of the holding . . .

See as to counter-notice to qui the entire holding by the tenant upon notice by the landlord in regard to part of the land, Law of Property Act, 1925, s. 140 (2), as amended by the L.P. (Amendment) Act, 1926, s. 2.

There is also, by s. 46 of the (English) Small Holdings and Allotments Act, 1908 (amended by the Land Facilities Act, 1919, s. 25, and Sch. II.), a power of resumption of possession by a landlord of land compulsorily hired by a local authority when it is needed for industrial purposes.

Resumption means taking back what was given; what was resumed are the lands and not the property of a person from whom it was taken by the rightful owner, Dattaraya v. Krishna Rao, AIR 1991 SC 1972 (1982): 1993 Supp (1) SCC 32