Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1982 The Andhra Pradesh Land Grabbing (Prohibition) Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | The Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 - s.8 - Two cases filed by the respondents, one in 1998 against theappellant with District Collector and Special Officer, Land Ceilingalso as parties and the other in 2004, only against the appellantbefore Special Court claiming possession of a portion of the suitland occupied by appellant - Special Court dismissed the case filed ยท in 1998, however, allowed the one filed in 2004 holding thatrespondents were the owners of the portion of the suit land whichwas in possession of the appellant - Writ petitions u!Art.227 filedby both, the appellant and the respondents - High Court allowedthe writ petition filed by respondents while dismissed the one filedby the appellant - On appeal, held: Admittedly, when two cases arising between the same parties and in relation to the same pieceof suit land were filed for grant of identical reliefs then both thecases should have been clubbed together, u/Or. II, r.3, of the Code,to avoid any conflicting decision in both the cases - Further, thoughthe District Collector filed his counter affidavit in the 1998 case not only denying the respondents' title but also pointing out as towho was the original owner of the suit land, no counter affidavitwas filed in the 2004 case since District Collector was not made aparty in the said case resulting in passing of conflicting decisionson the same set of facts and evidence - Impugned judgement setaside - Both the cases remanded to Special Court for their disposal afresh on merits after clubbing them together - District Collectorand the Special Officer, Urban Land Ceiling, Hyderabad also to bemade party in the 2004 case - Parties to contest the case before theSpecial Court de novo on merits - Code of Civil Procedure, 1908 -Or. II, r.3 - Constitution of India - Art.227. |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2017 INSC 1115 |
Petitioner | Dr.kazimunnisa (dead) By L.r. |
Respondent | Zakia Sultana (dead) By L.r.& Ors. |
SCR | [2017] 11 S.C.R. 1019 |
Judgement Date | 2017-11-15 |
Case Number | 18783-18784 |
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