Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Suit for permanent injunction |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Suit: Suit for permanent injunction - Plaintiff claiming to be in possession of suit land (which was subject-matter of State Ceiling Laws) - The defendants set up a title over the suit land on the basis of sale-deed dated 16. 7.197 5 claiming to have purchased the land from the plaintiff - Suit decreed by trial Court - Decree reversed by Single Judge of High Court in first appeal - On appeal, held: In order to claim prohibitory injunction, it is necessary for the plaintiff to prima facie prove that his possession over the suit land is legal - Since the sale of the suit land vide sale deed dated 16.7.1975 was held to be null and void by the Land Ceiling Tribunal, the suit land was not available to the plaintiff for its disposal - Thus, the plaintiff E was not in lawful possession of the suit land - The plaintiff also did not come with clean hands having suppressed the fact that he had already sold the suit land - Filing of suit, after 22 years from the date of passing of the order by Land Ceiling Tribunal, was not called for - The suit was also liable to be dismissed on the ground F that the same was filed without impleading the State as a party - The suit was, in fact, a collusive suit filed to frustrate the rights of the State - Direction to Land Ceiling Tribunal to take up the case of the plaintiff and pass appropriate consequential order, if necessary, under the Land Ceiling Act - Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 - s. 7. |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2017 INSC 345 |
Petitioner | Agnigundala Venkata Ranga Rao |
Respondent | Indukuru Ramachandra Reddy (dead) By Lrs. & Ors. |
SCR | [2017] 4 S.C.R. 816 |
Judgement Date | 2017-04-13 |
Case Number | 5817 |
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