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TMI Blog1986 (4) TMI 85X X X X Extracts X X X X X X X X Extracts X X X X ..... essee. 2. [This para is not reproduced here as it involves minor issue]. 3. The admitted facts relating to the other item in dispute are as follows : Certain lands to the extent of 31.13 acres adjoining the estate of the assessee belonged to the Government. The assessee had encroached upon those lands and cultivated coffee thereon. The assessee has been in position for several decades but the.ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... consideration of the rival submissions we are of the opinion that the assessee is entitled to succeed on this point. It is an admitted fact that the assessee has no title or vested interest in the property. This is because admittedly the Government is the owner of the land and he rights of the Government have not been extinguished under section 27 of the Limitation Act, 1963, because the assessee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vested in the assessee and in any case since he is liable to be evicted at any moment he does not have an interest exceeding six years. It is pointed out on behalf of the revenue that since as a matter of fact the assessee is in possession for decades together and the prevailing situation indicates that the Government may not evict him as long as he is paying the penalty for encroaching the land a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... encroached land could not be considered to be an asset at all for the purpose of wealth-tax and, since no vested right in them belonged to the assessee it cannot be added to the net wealth of the assessee. We therefore, direct the WTO to recompute the net wealth after excluding the value of this property.
5. In the result, both the appeals are allowed. X X X X Extracts X X X X X X X X Extracts X X X X
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