NDLI: Dharam Singh (d) Thr. Lrs. & Ors. Vs. Prem Singh (d) Thr. Lrs.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Zamindari Abolition Suit for permanent injunction predecessor-in-interest Patwari Sirdari
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Kumaon and Uttarakhand Zamindari Abolition and Land Reforms Act, 1960 (13 of 1960)
Case(s) Referred	Referred Case 0
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Suit:Suit for permanent injunction – On the basis of Sirdari rights in favour of their predecessor-in-interest in respect of suit property(i.e. Plot No. 719) – Case of defendants was that predecessor-in-interest of the plaintiff being the caretaker of the property of original owner was in possession of her entire property including the suit property after the death of the original owner – Entire property including the suit property was escheated to the State as the original owner died leaving no heir – Collector ordered for release of the property of the original owner from the possession of predecessor-in-interest of the plaintiff – However, he was allowed to remain in possession of the land to the extent of 4 Nali – Predecessor-in-interest handed over the possession of the entire land of original owner except 4 Nali 1 Muthi to the State – Defendants were give the suit property in exchange of their property which was acquired by the State – During the record operations, predecessor-in-interest of the property was shown in possession of the plots which was escheated to the State – Assistant Record Officer passed an order directing deletion of the name of predecessor-in-interest from the record on the basis of a report that the name was recorded surreptitiously by the record officials – Despite that the name of predecessor-in-interest continued in the record as occupant of the land – Pursuant to Zamindari Abolition Act, Patwari made entry in the Khata/Khatauni giving status of Asami and right of Sirdar to the predecessor-in-interest of plaintiff – Trial Court decreed the suit –High Court in appeal, dismissed the suit – On appeal, held: In view of order of the Assistant Record Officer directing deletion of the name of the predecessor-in-interest of the plaintiff as occupant of the land, he could not have been held to be recorded occupant with meaning of s. 10(e) of Zamindari Abolition Act – Hence, Asami rights could not have been obtained and consequently he could not have been treated as Sirdar – Patwari was also not competent authority to make such entry in Khata Khatauni – It is proved that the land of the original owner was escheated to the State; the predecessor-in-interest of the plaintiff had released the land from his possession and that the suit land was given by the State to the defendants in exchange – Hence, claim of plaintiff by virtue of entry made by Patwari cannot be accepted – Suit is liable to be dismissed – Kumaon and Uttarakhand Zamindari Abolitionand Land Reforms Act, 1960 – s. 10 (e).
Judge	Hon'ble Mr. Justice Ashok Bhushan
Neutral Citation	2019 INSC 139
Petitioner	Dharam Singh (d) Thr. Lrs. & Ors.
Respondent	Prem Singh (d) Thr. Lrs.
SCR	[2019] 3 S.C.R. 13
Judgement Date	2019-02-05
Case Number	516

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Dharam Singh (d) Thr. Lrs. & Ors. Vs. Prem Singh (d) Thr. Lrs.

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