Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Or. 41 r. 5B - Construction on the land owned Or. 27 r. 23A |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code o.f Civil Procedure, 1908: Or. 41, r. 23A; Or. 27, r. 5B - Construction on the land owned by the appellant, by the State Authorities - Collector passed order to remove the trespass and thereafter suggested the authorities to allot another land in lieu of appellant's land - Authorities assessed the land of the appellant at the rateĀ·of Rs. 1501- per sq. meter. and assessed the land proposed to be given to the appellant at the rate of Rs. 800/- per sq. meter - On challenge to action of the authorities, High Court directed the appellant to institute civil suit - Suit partly decreed by trial court directing the authorities to acquire the land and to pay market value of the land to the appellant - However, rejected the claim of appellant to allot alternate land - Appeal by appellant - High Court dismissed the appeal holding that decree was not sustainable as the appellant had failed to examine the vendor of the land to prove his title - On appeal, held: High Court wrongly dismissed the appeal by not affording opportunity to the appellant-plaintiff to adduce proper evidence in support of his case - High Court should have remanded the case to trial court taking recourse to power u/Or. 41, r. 23A, for retrial of the suit: Matter remanded to trial court for retrial - Since the case is against the Stale and local bodies, court should endeavour to assist the parties in. settling the case in view of provisions u/Or. 27, r. 5B. |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2017 INSC 205 |
Petitioner | Mohan Kumar |
Respondent | State Of Madhya Pradesh & Ors. |
SCR | [2017] 2 S.C.R. 889 |
Judgement Date | 2017-03-07 |
Case Number | 1412 |
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