Law:

Section:

(a) General Clauses Act (X of 1897)----S. 3 (26)-Right to catch and carry away fish from a lake, whether immovable property-Whether an oral sale of this right of the value of more than hundred rupees passes any title-Government of India Act, 1935 as adapted by Pakistan, S. 299-Transfer of Property Act (IV of 1882), S. 3-Easement Act (V of 1882). S. 52. Petitioners carried on the business of catching and selling fish from a lake which was once the estate of a Raja. Before the estate vested in the State of Orissa the petitioners had obtained ban oral contract on payment of heavy sums licences for catching and appropriating fish from the lake. The period of the licences had not expired but the State refused to recognize the licences when the petitioners filed petition seeking writs under Article 32 on the ground of their fundamental rights under Articles 19 (1) (f ) and 31 (1) were about to be infringed. Held : The right to catch and carry away fish in specific sections of the lake over a specific future period is regarded as an interest in land because it is a right to take some profits of the soil for the use of the owner of the right. Section 3 (26) 6f the General Clauses Act defines "immovable property" as including profits that arise out of the land and the right to question being benefit that arises out of the land is immovable property. 11 Halsbury's Laws of England (Hailsham Edition) pages 382 & 383 ref. (b) Constitution of India---Articles 19 (1) (f.) and 31 (1) [Pakistan Constitution (Bill) Clause 11 (a) and 15 (1)]-Con­tract t 7 grant licences to catch fish in lake in an estate which subsequently vested in a State-State declining to recognise con­tract-No fundamental right infringed. The "sales" in this case were oral, without-writing or registration. That being the case the transaction passed no title or interest and accordingly the petitioners had no enforceable fundamental right. Even if it be assumed that a contract is property within the meaning of Articles 19 (1) (f) and 31 (1) the State of Orissa did not take the petitioners' contract away from them or prevented them from "acquiring, holding or disposing" it. The petition was dismissed. The…

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