Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Karnataka Village Abolition Act 1961 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Karnataka Village Offices Abolition Act, 1961 (14 of 1961) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Karnataka Village Abolition Act, 1961: Grant of property and re-grant of property in favour of the original holders by the State – Devolution on holders – Held: Person can only transfer to other person a right, title or interest in any tangible property which he is possessed of to transfer it for consideration or otherwise – Once it is proved that on the date of transfer of any tangible property, the seller of the property did not have any subsisting right, title or interest over it, then a buyer of such property would not get any right, title and interest in the property purchased by him for consideration or otherwise – Such transfer would be an illegal and void transfer – On facts, appellants failed to substantiate the right, title and interest of the original holders in the suit land through whom they claim to derive interest in the suit land, whereas the respondent was able to prove his subsisting right, title and interest in the suit land – Original holders parted with the suit land, one through court auction proceedings in 1942 and the other by direct sale/purchase in 1943 in favour of the purchaser– Furthermore, though the original holders got back the land by re-grant but they lost all their rights, title and interest in the suit land on the expiry of 12 years from the date of re-grant in their favour (assuming the re-grant to be valid) in 1985 – They again lost their ownership rights due to dismissal of their two suits – In view thereof, the appellants, have no locus to claim any interest in the suit land – Thus, the High Court rightly held that neither the original holders and nor appellants, who claimed through original holders, had any right to claim any interest in the suit land – Maharashtra Hereditary Offices Act. |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2018 INSC 447 |
Petitioner | M/s Eureka Builders And Ors. |
Respondent | Gulabchand S/o Veljee Dand Since Deceased By L.rs. Etc. Etc. |
SCR | [2018] 4 S.C.R. 779 |
Judgement Date | 2018-05-03 |
Case Number | 4757 |
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