Supreme Court of India · 1969-10-27
MEHARBANSINGH AND OTHERS vs NARESHSINGH AND OTHERS
- Citation / case number
- SC 1967/3
- Court
- Supreme Court of India
- Petitioner
- MEHARBANSINGH AND OTHERS
- Respondent
- NARESHSINGH AND OTHERS
- Bench
- DUA, I.D.
Judgment text excerpt
The Supreme Court addressed the implications of the Madhya Bharat Zamindari Abolition Act XIII of 1951, specifically Section 4(1)(f), which allows proprietors to retain possession of Khud-kasht land despite vesting in the State. The Court held that the High Court failed to properly consider whether the land in question was Khud-kasht, which is crucial for determining the right to possession. Consequently, the case was remitted to the High Court for a fresh decision, emphasizing the need for the State to be notified and potentially joined as a party in the proceedings.