Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Tripura Land Revenue and Land Reforms Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Tripura Land Revenue and Land Reforms Act, 1960-Sections 134, 135, 136 and 43-Effect of sections 134 and 135-Held: All estates situated in notified area vests in the Government free from all encumbrances and all right, title and interest of every intermediary in such estates gets extinguished-However, by virtue of section 136 intermediary can retain possession of vested land subject to payment of land revenue directly to the Government-On facts, provisional Khaityan granted in favour of the party finalized and duly published, challenged-On appeal Held: Once the final khatiyan is granted in favour of the party, fresh right is created in his favour by State Government in whom entire land vests-Thus, khatiyan confers legal and valid right on grantee to remain in possession of suit land.Code of Civil Procedure, 1908:Section 144-Applicants dispossessed in execution of decree, which was set aside on appeal-Restitution of possession of land-Entitlement of-Held: Applicants not entitled due to coming into force of 1960 Act which has the effect of taking away right of possession of land of the party who was earlier in possession of land-Tripura Land Revenue and Land Reforms Act, 1960.Section 11-Plea entertained by forum below in previous litigation and not entertained in present litigation-Plea if barred by res judicata-Held: There was no adjudication on the issue involved in the previous litigation though order had become final-Hence, plea not barred by res judicata. |
Judge | Hon'ble Mr. Justice Arun Kumar |
Neutral Citation | 2004 INSC 123 |
Petitioner | Sudhangshu Mohan Deb (dead) By Lrs |
Respondent | Niroda Sundari Debidhup And Ors. |
SCR | [2004] 2 S.C.R. 581 |
Judgement Date | 2004-02-20 |
Case Number | 5112-5113 |
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