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november 1958

Supreme Court of India · 1958-11-14

THAKUR RAGHUBIR SINGH AND OTHERS vs THE STATE OF AJMER (NOW RAJASTHAN) AND OTHERS(and connecte

Citation / case number
SC 1955/60
Court
Supreme Court of India
Petitioner
THAKUR RAGHUBIR SINGH AND OTHERS
Respondent
THE STATE OF AJMER (NOW RAJASTHAN) AND OTHERS(and connecte
Bench
DAS, SUDHI RANJAN (CJ),BHAGWATI, NATWARLAL H.,SINHA, BHUVNESHWAR P.,SUBBARAO, K.,WANCHOO, K.N.

Judgment text excerpt

The Supreme Court upheld the Ajmer Abolition of Intermediaries and Land Reforms Act, 1955, affirming that the Act was within the legislative competence of the Ajmer legislature under entry 36 of List II of the Seventh Schedule of the Constitution. It ruled that Section 8, allowing for the cancellation of leases made in anticipation of the Act, was valid as it served the Act's purpose and was protected under Article 31-A(1)(a). Additionally, the Court found that Section 38, which imposed a maximum rent, was a necessary provision to prevent new intermediaries and was also constitutionally valid. The Court concluded that jagirdars, as assignees of land revenue, could not be distinguished from landowners, allowing the State to acquire their entire interest in the estate under Section 4 of the Act.

THAKUR RAGHUBIR SINGH AND OTHERS vs THE STATE OF AJMER (NOW RAJASTHAN) AND OTHERS(and connecte · Niyam