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march 1951

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.

SREE SREE ISWAR GOPAL JIEU THAKUR vs PRATAPMAL BAGARIA AND OTHERS.(Civil Appeal No. 95 of 1949) · Niyam