Khas Possession - Definition - Law Dictionary Home Dictionary Definition khas-possession

Definition :

Khas possession, the definition of the expression 'khas possession' in the Bihar Land Reforms Act, is stronger from the point of view of the person who is actually cultivating the lands than that of a person who is working directly (the mines) u/s. 9 of the Bihar Land Reforms, Act, 1950, Kaviraj Basudevanand v. Mahant Harihar Gir, AIR 1974 SC 1991 (1994): (1974) 2 SCC 514: (1975) 1 SCR 590.

The word used in s. 6 of the Bihar Land Reforms Act, 1950 is not 'possession' but it is qualified by the adjective 'khas possession' its equivalent being 'actual possession' as the word is understood in contradistinction to the word 'constructive posses-sion', Ramesh Bejoy Sharma v. Pashupati Rai, AIR 1979 SC 1769 (1776): (1979) 4 SCC 27: (1980) 1 SCR 6. [Bihar Land Reforms Act, 1950, s. 2(12) and 6(1)]

The expression 'I have possession' in respect of culturable lands in s. 6 of the Land Reforms Act has been used in a technical sense and it means those lands which are in the private or personal possession of the landlord as contradistinguished with those which are in his possession through tenants, Brijnanda Singh v. Jamuna Prasad Sahu, AIR 1958 Pat 580 (596). [Bihar Land Reforms Act, (30 of 1950), s. 2(12)]