Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Revenue Standing Orders |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Revenue Standing Orders: RSO 45 and in question taken over. by Government in the year 1935, for non-payment of land tax and converted into 'bought B in land. Later further converted into 'Punjai Tharisu' (Government Dry) fallow land - In the year 1958, the land was assigned by the Government to third parties - The assignments were cancelled at the instance of the respondent no. 1 plaintiff claiming to be the sole legal heir. to the land) - In, the year 1981, the. respondent no 1 plaintiff offered to pay the arrears of land tax for restoration of land to him- Thereafter respondent no. 1 plaintiff filed suit taking the. ground that in view of RSO 45 (4), land could be reassigned to him or his legal heirs in preference to others, on payment of dues - Suit decreed by trial court - Decree set aside by appellate court - High Court affirmed the order of trial court and directed the revenue authorities to restore the land in question to the respondent no .plaintiff and to mutate the land in his name - On appeal, held: To avail the preferenq_e in the matter of assignment of 'bought in' lands, the obligatory prerequisite is the absence of wilful default in the payment of land tax by the original owner; that the default was due to the circumstances beyond his control; and that assignment to him again is otherwise unobjectionable - In the present case, there is no evidence to the effect that the respondent no. I/plaintiff fulfilled the three prerequisites so as to render him preferable to others for assignment .of the 'bought in' land - The huge delay on the part of the respondent no. 1 plaintiff in clearing off the arrears also goes . against him - Hence,ยท the respondent no. I plaintiff is not entitled to.. G preference contemplated in RSO 45 (4) - Tamil Nadu Revenue Recovery Act, 1864. |
Judge | Hon'ble Mr. Justice Amitava Roy |
Neutral Citation | 2017 INSC 1292 |
Petitioner | The Tahsildar, Taluk Office, Thanjore & Ors. |
Respondent | G. Thambidurai & Another |
SCR | [2017] 4 S.C.R. 1 |
Judgement Date | 2017-05-09 |
Case Number | 6435 |
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