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TMI BlogDoes immovable property include rights also.X X X X Extracts X X X X X X X X Extracts X X X X ..... Is right to catch and carry fish included in the definition of immovable property under general clause act? - Reply By Padmanathan Kollengode - The Reply = In my opinion yes. it is Profit a pendre. Pls find the following decision of Supreme Court directly on this: Anand Behera v. State of Orissa - 1955 (10) TMI 29 - SUPREME COURT There can be no doubt that the lake is immoveable ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -property and that it formed part of the Raja s estate. As such it vested in the State of Orissa when the notification was issued under the Act and with it vested the right that all owners of land have, to bar access to their land and the right to regulate, control and sell the fisheries on it. If the petitioners rights are no more than the right to obtain future goods under the Sale of Goods Act ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , then that is a purely personal right arising out of a contract to which the State of Orissa is not a party and in, any event a refusal to perform the contract that gives rise to that right may amount to a breach of contract but cannot be regarded as a breach of any fundamental right. But though that is how the matter is put in the petition we do not think that is a proper approach to this case. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The facts disclosed in paragraph 3 of the petition make it clear that what was sold was the right to catch and carry away fish in specific sections of the lake over a specified future period. That amounts to a license to enter on the land coupled with a grant to catch and carry away the fish, that is to say, it is a profit a prendre: see 11 Halsbury s Laws of England, (Hailsham Edition), pages ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 382 and 383. In England this is regarded as an interest in land (11 Halsbury s Laws of England, page 387) because it is a right to take some profit of the soil for the use of the owner of the right (page 382). In India it is regarded as a benefit that arises out of the land and as such is immoveable property. also see: Bahadur other v. Sikandar - 1905 (1) TMI 1 - ALLAHABAD HIGH COURT ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... State of Orissa v. Titagarh Paper Mills Company Limited - 1985 (3) TMI 226 - SUPREME COURT Smt Dropadi Devi v. Ram Das - 1973 (12) TMI 97 - ALLAHABAD HIGH COURT Shantabai v. State of Bombay - 1958 (3) TMI 66 - SUPREME COURT - Reply By KASTURI SETHI - The Reply = This is an extract from The Law Lexicon, The Encyclopaedic Law Dictionary With Legal Maxims compiled and edite ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d by Sh.P. Ramanatha Aiyar (Reprint Edition 1993). The right of a person to fish in waters belonging to another comes within the definition of immovable property in the General Clauses Act, 1868 Section 2 Clause 5, being a benefit arising out of the land covered with water. . Later on General Clauses Act, 1868 was changed to 1897. According to Section 9 Act-I of 1877 (Special Relief) a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... right of way is not regarded as immovable property . (23 B. 673). Meaning of the phrase, Right of way : The legal right, established by usage or grant, to pass along a specific route through grounds or property belonging to another: - Reply By KASTURI SETHI - The Reply = Read comprehensive reply of Sh.Padmanathan Kollengode Ji, word for word. I concur with his views. - Does immova ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ble property include rights also. - Query Started By: - Poornima Gupta Dated:- 24-9-2023 Last Replied Date:- 26-9-2023 Other Topics - Got 3 Replies - Indian Laws - Discussion Forum - Knowledge Sharing, reply post by an expert, personal opinion Tax Management India - taxmanagementindia - taxmanagement - taxmanagementindia.com - TMI - TaxTMI - TMITax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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