NDLI: Thakur Raghubir Singh Vs. Court of Wards, Ajmer, and Another

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Constitution of India 31-A 1950 19(5) a1'ls. 19(1) (J)
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Constitution of India
Case Type	Writ Petition
Court	Supreme Court of India
Disposal Nature	Petition Allowed
Headnote	Section 112 of the Ajmer Tenancy and Land Records Act (XLII of 1950) provided that "if a landlord l1abitually infringes the rights of a tenant under this Act, he shall, notwithstanding anything in section 7 of the Government Wards Regulation, 1888 (I of 1888) be deemed to be a 'landlord who is disqualified to manage bis own property' 'within the meaning 0£ section 6 of the said Regulation and his property shall be liable to be taken under the superintendence of the Court of W .rds." Section 6 of Regulation I of 1888 provided that the Court of Wards may, with the previous sanction of the Chief Corr1missioner, assume the superintendence of the property of any landholder who is disqualified to manage his property. The petitioner, whose estate was taken over by the Court of Wards under the above-mentioned provisions of law, applied for relief under art. 32 of the Constitution for restoration of his estate and other appropriate reliefs: Held, (i) that the result of the combined operation of s. 112 of Act XLII of 1950 and the provisions of ss. 6 and 7 of Regulation I of 1888 was that the Court of Wards could in its own discretion and on its subjective determination assume the superintendence of the property of a landlord who habitually infringed the rights of his tenants, and the exercise of .the discretion of the Court of Wards cannot be questioned in a civil court: s. 112 of Act XLII of 1950 read with the provisions of Regulation I of 1888 therefore infringed the fundamental rights of the petitioner guaranteed by art. 19 (1) of the Constitution and was to that extent void; (ii) the provisions of s. 112 cannot be regarded as a "reasonable" restriction imposed in the interests of the general public on the exercise of the right conferred by art. 19 (1) (f), because they completely negatived the right by making its enjoyment depend on the mere discretion of the executive; (iii) that s. 112 was not validated by art. 31-A of the Constitution as it was not "a law providing for the acquisition by the State of any estate or of any rights therein or for the extinction or modification of any such rights" within the meaning of art. The of 31-A. The word "modification" in the context of art. 31-A only , means a modification of the proprietary right of a citizen like and Another an extingnishn1ent of that right act cannot include within its ambit a mere suspension of the right of managenent of the estate for a time, definite or indefinite.
Judge	Honble Mr. Justice Mehr Chand Mahajan
Neutral Citation	1953 INSC 45
Petitioner	Thakur Raghubir Singh
Respondent	Court Of Wards, Ajmer, And Another
SCR	[1953] 1 S.C.R. 1049
Judgement Date	1953-05-15
Case Number	29

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Thakur Raghubir Singh Vs. Court of Wards, Ajmer, and Another

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Thakur Raghubir Singh Vs. Court of Wards, Ajmer, and Another

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