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october 1969

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.

MEHARBANSINGH AND OTHERS vs NARESHSINGH AND OTHERS · Niyam