AHMAD HAFIZ KHAN vs MOHAMMAD HASAN KHAN

The Supreme Court held that under Section 43 of the Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950, the cultivating rights in sir and khudkasht lands are protected against sale in execution of a decree, except where such rights are subject to a mortgage or charge. The Court found that the appellant's rights were not subject to any such encumbrance, thus declaring the sale without jurisdiction and setting it aside. The judgment distinguished the case from Govind Prasad v. Pawan Kumar, 1955 N.L.J. 678.