Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | M.P. Land Revenue Code 1959 - ss. 158 and 250 - Bhumiswami |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | M.P. Land Revenue Code 1959 - ss. 158 and 250 - Bhumiswami - Reinstatement of Bhumiswami improperly dispossessed - Held: Section 35 makes a provision for allotment of surplus land declared under the Ceiling Act after vesting of the surplus land in the State - State shall allot the surplus land under "Bhumiswami right" to the persons mentioned thereunder in the order of priority- Under s. 158(3) persons have all right to deal with the property but such Bhumiswami cannot transfer land so allotted to him within a period of ten years from the date of lease or allotment - On facts, surplus land was allotted by the State uls. 35 giving Bhumiswami right to the appellants in the year 1973 - Within two years the land was purchased by respondent by sale deed - Appellants' case that sale was without consideration and respondent in connivance with the other persons managed to keep appellants out of possession - Prima facie, the sale deed alleged to have been executed by appellants in favour of the respondent is null and void and the same does not confer any right, title or interest in favour of the respondent - Thus, trial court and first appellate court rightly held that the sale deed said to have been e.xecuted by appellants in favour of respondent was null and void and was without consideration - High Court while setting aside the judgment did not consider the provisions contained in the M.P. Revenue Code, thus, order by the High Court set aside and that of the trial court restored - M.P. Ceiling on Agricultural Holdings Act, 1960 - S. 35. |
Judge | Hon'ble Mr. Justice M.Y. Eqbal |
Neutral Citation | 2014 INSC 559 |
Petitioner | Tolya Etc. |
Respondent | State Of M.p. & Anr. Etc. |
SCR | [2014] 9 S.C.R. 435 |
Judgement Date | 2014-08-22 |
Case Number | 6471 |
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