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august 1967

Supreme Court of India · 1967-08-17

SMT. KALAWATI vs BISHESHWAR

Citation / case number
SC 1964/90484
Court
Supreme Court of India
Petitioner
SMT. KALAWATI
Respondent
BISHESHWAR
Bench
SHELAT, J.M.

Judgment text excerpt

The Supreme Court held that under Section 23(1)(b) of the U.P. Zamindari Abolition and Land Reforms Act, 1951, transfers made after July 7, 1949, are deemed void, but this provision was deleted prospectively by the U.P. Land Reforms (Amendment) Act, 1954, and retrospectively by the U.P. Land Reforms (Amendment) Act, 1956. The Court ruled that the appellant's sale was valid, and she became the bhumidar, thus entitled to maintain the eviction suit after the bar was removed on October 10, 1954. The withdrawal of the original plaintiff did not affect the maintainability of the suit, leading to the appeal being allowed in favor of the appellant.

SMT. KALAWATI vs BISHESHWAR · Niyam