Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Tehri Garhwal Bhumi Sambandhi Adhikar Niyam: |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Tehri Garhwal Bhumi Sambandhi Adhikar Niyam: s.6(4)- Benefit under-'Spinda' of the Original 'khaikar' living with him as a member of his family-Whether entitled to become a sub-tenant of the head tenant-Provision applicable to Hindus only Section 6(4) of the Tehri Garhwal Bhumi Sambandhi Adhikar Niyam provides that brother or 'sapinda' (brother, nephew etc.) of the deceased sub-tenant will be entitled to be recognised as a 'khaikari' if he was jointly living with the deceased during his life time in the manner of a member of a joint family. The appellant, a 'sapinda' of the original 'Khaikari' (sub-tenant) had started living with the deceased from the age of 12 or 13 years as a member of the latter's family. He has been sharing food and shelter with the deceased and was engaged in cultivating the land along with the deceased during his lifetime. At the time of the death of the later the obsequies were also performed by him.The trial court came to the conclusion that the appellant fulfilled the conditions prescribed by s.6(4) of the Act and was thus entitled to become 'khaikari' (sub-tenant) of the respondent head-tenant. The lower appellant court and the High Court took the view that s.6(4) was applicable not only to Hindus but also to Muslims and Christians, and, therefore, it was not sufficient for the appellant to have shared the food and shelter and carried on the agricultural operations with the deceased and that it must be shown that be was in fact a member of the joint family. |
Judge | Hon'ble Mr. Justice M.P. Thakkar |
Neutral Citation | 1987 INSC 77 |
Petitioner | Jagat Singh |
Respondent | Karan Singh (dead) By Lrs. & Ors. |
SCR | [1987] 2 S.C.R. 616 |
Judgement Date | 1987-03-24 |
Case Number | 1403 |
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