Supreme Court of India · 1953-05-15
THAKUR RAGHUBIR SINGH vs COURT OF WARDS, AJMER, AND ANOTHER.
- Citation / case number
- SC 1953/1482
- Court
- Supreme Court of India
- Petitioner
- THAKUR RAGHUBIR SINGH
- Respondent
- COURT OF WARDS, AJMER, AND ANOTHER.
- Bench
- MAHAJAN, MEHR CHAND,MUKHERJEA, B.K.,HASAN, GHULAM,BHAGWATI, NATWARLAL H.,JAGANNADHADAS, B.
Judgment text excerpt
The Supreme Court held that Section 112 of the Ajmer Tenancy and Land Records Act, 1950, infringes the fundamental rights guaranteed under Article 19(1)(f) of the Constitution, as it allows the Court of Wards to assume control over a landlord's property based solely on subjective determination without reasonable restrictions. The Court ruled that such provisions cannot be justified under Article 31-A, as they do not constitute a lawful acquisition or modification of rights but rather a complete negation of the landlord's rights. Consequently, the Court declared Section 112 void to the extent it violates fundamental rights.