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december 1957

Supreme Court of India · 1957-12-06

JAGANNATH BEHERA AND OTHERS vs RAJA HARIHAR SINGHMARDARAJ BHRAMARBARA ROY

Citation / case number
SC 1955/81
Court
Supreme Court of India
Petitioner
JAGANNATH BEHERA AND OTHERS
Respondent
RAJA HARIHAR SINGHMARDARAJ BHRAMARBARA ROY
Bench
BHAGWATI, NATWARLAL H.,SINHA, BHUVNESHWAR P.,IMAM, SYED JAFFER,KAPUR, J.L.,GAJENDRAGADKAR, P.B.

Judgment text excerpt

The Supreme Court held that the extension of the Orissa Tenants Protection Act, 1948, did not violate the respondent's guaranteed rights under the Merger Agreement, which ensured full ownership, use, and enjoyment of private properties as per Article 19(1)(f) of the Constitution. The Court clarified that the jurisdiction of the courts was not barred by Article 363, as the dispute did not arise from the Agreement of Merger. Furthermore, the Court determined that the respondent was indeed a landlord under the definitions provided in the relevant statutes, thus the provisions of the 1948 Act applied to him.

JAGANNATH BEHERA AND OTHERS vs RAJA HARIHAR SINGHMARDARAJ BHRAMARBARA ROY · Niyam