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april 1961

Supreme Court of India · 1961-04-12

DAJI KRISHNAJI DESAI TAMBULKAR vs GANESH VISHNU KULKARNI AND OTHERS

Citation / case number
SC 1956/38
Court
Supreme Court of India
Petitioner
DAJI KRISHNAJI DESAI TAMBULKAR
Respondent
GANESH VISHNU KULKARNI AND OTHERS
Bench
DAYAL, RAGHUBAR

Judgment text excerpt

The Supreme Court held that prior to April 1946, the transfer of occupancy rights in Khoti land required the consent of the Khot as per Section 9 of the Khoti Settlement Act, 1880. The Court ruled that both sales in 1892 and 1945 were invalid due to lack of consent, affirming that the appellant had no title to the property. Consequently, the appeal against the Bombay High Court's dismissal of the suit was rejected, confirming that the respondent's predecessor had valid title from the 1892 sale.

DAJI KRISHNAJI DESAI TAMBULKAR vs GANESH VISHNU KULKARNI AND OTHERS · Niyam