Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Displaced Persons (Compensation and Rehabilitation) Act 954- Sections 24 and 33 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Displaced Persons (Compensation and Rehabilitation) Act, 1954- Sections 24 and 33-Land-Auction sale-Claim of land by sub-lessee-Finalisation of auction sale and issuance of conveyance deed in favour of auction purchaser-Objection by sub-lessee against issuance of conveyance deed-Delay in filing objection not explained-Held, claim of sub-lessee not sustainable since his possession over the land not proved and objection was time barred.Land in dispute was auction purchased by Respondent No. 4. Appellant claiming to be Sub-lessee of the land applied for transfer of the land in his favour before the Managing Officer. After satisfying the claims of the lessee and sub-lessee-appellant, sale of the land was finalised and conveyance deed was issued in favour of Respondent No. 4. After 5 1/2, years of issuance of conveyance deed, the appellant-sub-lessee preferred revision petition under S. 24 of Disabled Persons (Compensation and Rehabilitation) Act, 1954 before Chief Settlement Commissioner, against finalisation of the sale and issuance of the conveyance deed. The petition was allowed and the case was remanded to Managing Officer for determining the eligibility of the appellant as sub-lessee.In revision petition under S. 33 of the Act, Financial Commissioner set aside the order of Chief Settlement Commissioner holding that appellant's application for transfer of the land in his favour was not maintainable because he had failed to establish that he was in cultivating possession of the land as a sub-lessee; that the revision petition under S. 24 of the Act challenging the conveyance deed was barred by time, and the same was not accompanied by any application for condonation of delay or any explanation for the delay. High Court dismissed the appeal against the order of Financial Commissioner. Hence the present appeal. |
Judge | Hon'ble Mr. Justice Ashok Bhan |
Neutral Citation | 2002 INSC 152 |
Petitioner | Karam Chand |
Respondent | Union Of India And Ors. |
SCR | [2002] 2 S.C.R. 545 |
Judgement Date | 2002-03-19 |
Case Number | 8723 |
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