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july 1968

Supreme Court of India · 1968-07-15

RAM KISTO MANDAL AND ANR. vs DHANKISTO MANDAL

Citation / case number
SC 1965/295
Court
Supreme Court of India
Petitioner
RAM KISTO MANDAL AND ANR.
Respondent
DHANKISTO MANDAL
Bench
SHELAT, J.M.

Judgment text excerpt

The Supreme Court held that Section 27(1) of the Sonthal Parganas Settlement Regulation 3 of 1872 prohibits any transfer of a holding by a raiyat, including exchanges of land. The Court ruled that the High Court erred in disallowing the appellants from raising the plea regarding the invalidity of the exchange under Section 27, as the language of the statute is clear and comprehensive. The Court emphasized that the burden of proof regarding the applicability of Section 27 lies with the appellants, and the exchange was deemed invalid under the Regulation.

RAM KISTO MANDAL AND ANR. vs DHANKISTO MANDAL · Niyam