NDLI: Sita Ram (dead) Through Lrs. Vs. Bharat Singh (dead) Through Lrs & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	ss.161 Uttar Pradesh Zamindari Abolition and Land Reforms Act 1950 UP Land laws 167 166 When not applicable
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	U.p. Zamidari Abolition and Land Reforms Act, 1950 (1 of 1951)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 – ss.161, 166, 167 – Appellants-original tenure holders (since deceased) of Plot No.2902 sold it to late father of respondent nos.10 & 11 vide sale deed dtd. 24 Jan. 1973 – Father/Grandfather of respondent nos.1-8 was tenure holder of Plot Nos.2863 and 2888, he exchanged his plots with plot no.2902 owned by father of respondent nos.10 & 11, by exchange deed dtd. 2 March, 1974 – Father/Grandfather of respondent nos.1-8 filed application for his name to be recorded for Plot No.2902 –Appellants raised objection to the validity of sale deed dtd. 24 Jan. 1973– Consolidation Officer held that the exchange was permissible only with permission of the Assistant Collector in terms of s.161 of the 1950 Act which was not obtained, hence father/grandfather of respondent nos.1-8 is not entitled to be recorded as Bhumidar under the consolidation proceedings – Eventually, High Court inter alia held that it was the State Government who could apply for cancellation, if affected by the exchange deed but, it was not open to be questioned by the appellants– On appeal, held: Under the pre-amendment scheme of the 1950 Act, any transfer in contravention of the Chapter referred to u/s.166 which includes s.161 as well, were not to be automatically void but voidable – As consequence u/s.167, a suit was to be filed by the Gaon Sabha or the land holder, within six years from the date of illegal transfer – In the present case, exchange deed was executed on 2 March, 1974 – Period of limitation for filing the suit expired in March 1980 – Indisputedly, no suit was filed either by Gaon Sabha or any land holder for ejectment as envisaged u/ s.167(1) – Under the pre-amended scheme of the 1950 Act, the consequence for non-compliance of seeking permission from the Assistant Collector, would in no manner take away or divest the rights/interest of the parties inter se conferred under genuine sale deed dtd. 24 Jan.1973, executed in favour of father of respondent nos.10 & 11 – Said sale deed is nowhere related to the exchange proceedings, initiated at later point of time – Appellants do not have any locus standi to claim benefit of the defect in the exchange deed dtd. 2 March 1974 – Conclusions of the High Court in the impugned judgment does not call for interference – Uttar Pradesh Consolidation of Holdings Act, 1953 – s.9A(2) – U.P. Zamindari Abolition & Land Reforms Rules, 1952 – r.338 – U.P. Land Laws (Amendment) Act, 1982. U.P. Land Laws (Amendment) Act, 1982 – When not applicable – Discussed.
Judge	Hon'ble Mr. Justice Ajay Rastogi
Neutral Citation	2019 INSC 1036
Petitioner	Sita Ram (dead) Through Lrs.
Respondent	Bharat Singh (dead) Through Lrs & Ors.
SCR	[2019] 13 S.C.R. 323
Judgement Date	2019-09-17
Case Number	8179

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

Sita Ram (dead) Through Lrs. Vs. Bharat Singh (dead) Through Lrs & Ors.

Please Log-in to view this content

Ram Adhar Singh (dead) Through Lrs. & Ors. Vs. Bansi (dead) Through Lrs. & Ors.

Babu Noorul Hasan Khan Vs. Ram Prasad Singh & Ors.

Maharaj Singh Vs. State of Uttar Pradesh & Others

Mazhar Hassan Vs. Gangu Singh and Ors.

Jagan Singh (dead) Through Lrs. Vs. Dhanwanti & Anr.

Chandrika Prasad Vs. Pullo (dead) By Lrs. and Ors.

Thakur Prasad (dead) Through Lrs. Vs. Raj Karan (dead) By Lrs. and Ors.

Ram Jivan Vs. Smt. Phoola (dead) By Lrs. & Ors

Maharaja Kumar Somendra Chand Nandy Vs. The State of Uttar Pradesh

Sita Ram (dead) Through Lrs. Vs. Bharat Singh (dead) Through Lrs & Ors.

Sita Ram (dead) Through Lrs. Vs. Bharat Singh (dead) Through Lrs & Ors.

Please Log-in to view this content

Similar Documents

Ram Adhar Singh (dead) Through Lrs. & Ors. Vs. Bansi (dead) Through Lrs. & Ors.

Babu Noorul Hasan Khan Vs. Ram Prasad Singh & Ors.

Maharaj Singh Vs. State of Uttar Pradesh & Others

Mazhar Hassan Vs. Gangu Singh and Ors.

Jagan Singh (dead) Through Lrs. Vs. Dhanwanti & Anr.

Chandrika Prasad Vs. Pullo (dead) By Lrs. and Ors.

Thakur Prasad (dead) Through Lrs. Vs. Raj Karan (dead) By Lrs. and Ors.

Ram Jivan Vs. Smt. Phoola (dead) By Lrs. & Ors

Maharaja Kumar Somendra Chand Nandy Vs. The State of Uttar Pradesh

Sita Ram (dead) Through Lrs. Vs. Bharat Singh (dead) Through Lrs & Ors.