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october 1956

Supreme Court of India · 1956-10-23

RAJA RAJINDER CHAND vs SUKHI(and connected appeals)

Citation / case number
SC 1953/1396
Court
Supreme Court of India
Petitioner
RAJA RAJINDER CHAND
Respondent
SUKHI(and connected appeals)
Bench
JAGANNADHADAS

Judgment text excerpt

The Supreme Court held that the appellant, as the proprietor of Nadaun Jagir, could not claim title to chil trees on the basis of sovereign rights of the independent Kangra rulers, as these rights passed to the Sikh rulers and subsequently to the British. The Court interpreted the grant of 1848 as primarily an assignment of land revenue, excluding rights to chil trees on proprietary lands. It clarified that entries in Wajib-ul-arz, while presumed true under Section 44 of the Punjab Land-Revenue Act, 1887, cannot create new rights or liabilities, thus ruling against the appellant's claim.

RAJA RAJINDER CHAND vs SUKHI(and connected appeals) · Niyam