Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Khud-kasht land |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Madhya Bharat Zamindari Abolition Act, 1951 : S.4(2)-Khud-kasht land-Proprietors of land filing suit for recovery of possession stating that they were recorded in Samvat years 2006, 2007 and 2008 in possession before the date of vesting i.e. 2.10.1951 (Samvat year 2008)-In 2008 defendant got their names struck off and entered his name with connivance of Patwari-Defendant claiming to be in possession as heir of sub-tenant and on the date of vesting he was in possession-Plaintiffs claim dismissed by all the courts below-Held, for purposes of s.4(2) what is relevant and material is the entries in khasra maintained by Revenue department for the period earlier to date of vesting-Names of plaintiffs having been recorded as Khud-kasht possessors in Samvat years 2006 and 2007, they were entitled to recover possession of the land-There is nothing to show that subsequent correction was made u/s 50 of Land Revenue Act-Finding recorded to the contrary by courts below being vitiated are not binding on Supreme Court-Plaintiffs' suit decreed-Madhya Bharat Land Revenue and Tenancy Act, 1950-S.50. |
Judge | N/A |
Neutral Citation | 2000 INSC 447 |
Petitioner | Shri Kasturchand And Anr. |
Respondent | Shri Harbilash And Ors. |
SCR | [2000] Supp. (3) S.C.R. 293 |
Judgement Date | 2000-09-14 |
Case Number | 5392 |
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