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october 1961

Supreme Court of India · 1961-10-16

HAJI Sk. SUBHAN vs MADHORAO

Citation / case number
SC 1958/162
Court
Supreme Court of India
Petitioner
HAJI Sk. SUBHAN
Respondent
MADHORAO
Bench
DAYAL, RAGHUBAR

Judgment text excerpt

The Supreme Court addressed the executability of a decree for possession under the Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950, specifically Sections 2(g), 3, and 4. The Court held that the respondent's proprietary rights ceased to exist upon the Act's enforcement, which vested all rights in the State, thus rendering the decree unenforceable. The Court concluded that the executing court must consider the impact of the Act on the respondent's claim, leading to the dismissal of the execution application.

HAJI Sk. SUBHAN vs MADHORAO · Niyam