Supreme Court of India · 1966-02-28
MAHARAJA PRATAP SINGH BAHADUR vs THAKUR MANMOHAN DEO AND ORS.
- Citation / case number
- SC 1963/171
- Court
- Supreme Court of India
- Petitioner
- MAHARAJA PRATAP SINGH BAHADUR
- Respondent
- THAKUR MANMOHAN DEO AND ORS.
Judgment text excerpt
The Supreme Court held that the lease of ghatwali estate land executed in 1873 was valid despite challenges under the Bengal Ghatwali Lands Act, 1859 and the Court of Wards Act, 1870. The Court ruled that the Bengal Ghatwali Lands Act, being a special statute, prevails over the general provisions of the Court of Wards Act. It was determined that the conditions for the lease were satisfied, including the presumption of valid execution under Section 114 of the Indian Evidence Act, 1872, which supports the validity of the lease granted by the Deputy Commissioner.