Supreme Court of India · 1951-03-14
SREE SREE ISWAR GOPAL JIEU THAKUR vs PRATAPMAL BAGARIA AND OTHERS.(Civil Appeal No. 95 of 1949)
- Citation / case number
- SC 1949/2
- Court
- Supreme Court of India
- Petitioner
- SREE SREE ISWAR GOPAL JIEU THAKUR
- Respondent
- PRATAPMAL BAGARIA AND OTHERS.(Civil Appeal No. 95 of 1949)
- Bench
- FAZAL ALI, SAIYID
Judgment text excerpt
The Supreme Court held that in cases where the original parties to a transaction are no longer available, recitals of principal circumstances gain significance and should not be dismissed lightly. The Court emphasized that a permanent lease granted by a shebait, which has remained unchallenged for a long time, is presumed valid and made for legal necessity, thus surviving beyond the grantor's lifetime. The judgment confirmed the High Court's decision regarding the validity of the lease under the Land Acquisition Act.