Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Abolition of-Operation of enactment Validity Cultivating right. Proprietary Right |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Proprietary Right, Abolition of-Operation of enactment- Validity-Cultivating rights in sir and khudkasht land, if and when protected against sale in execution of the decree- Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950 (M. P. 1 of 1951), ss. 43, 49. One Mohd Yusuf, in execution of a money decree against the appellant, attached the appellant's share in a village along with sir and khudkasht lands appurtenant thereto. Before the sale took place, the Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950 M. P. I of 1951) was made applicable to that area, and the proprietary rights in the village vested in the State. On October, 1951, the respondent purchased the sir khudkasht fields in auction sale and the appellant's objection therein having been dismissed, the sale was confirmed. On appeal, the Additional District Judge set aside the sale and the property was restored to the appellant. On further appeal, that order was reversed and the auction purchaser was again put in possession of the property. The appellant then applied to the executing Court objecting that there was no jurisdiction to sell the fields. The objection of the appellant was dismissed by the Civil judge and his successive appeals to the District Judge and the High Court also failed. On appeal by special leave, the appellant's main contention was that the cultivating rights in the sir lands could not be the subject matter of sale in execution of the decree in view of s. 43 of the Abolition Act. |
Judge | Honble Mr. Justice M. Hidayatullah |
Neutral Citation | 1963 INSC 47 |
Petitioner | Ahmad Hafiz Khan |
Respondent | Mohammad Hasan Khan |
SCR | [1964] 2 S.C.R. 191 |
Judgement Date | 1961-03-04 |
Case Number | 293 |
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