Supreme Court of India · 1962-05-04
SURAJNATH AHIR AND OTHERS vs PRITHINATH SINGH AND OTHERS
- Citation / case number
- SC 1960/99
- Court
- Supreme Court of India
- Petitioner
- SURAJNATH AHIR AND OTHERS
- Respondent
- PRITHINATH SINGH AND OTHERS
- Bench
- DAYAL, RAGHUBAR
Judgment text excerpt
The Supreme Court held that the suit for recovery of possession was not barred by limitation as it was filed within twelve years of the redemption of the mortgage deed, referencing Section 4 of the Bihar Land Reforms Act, 1950. The Court clarified that the vesting of estates in the State extinguished the respondents' right to recover possession, even if they had a subsisting title, as the land was not under their 'Khas Possession'. The appeal by the appellants was allowed, overturning the High Court's decision that had favored the respondents.