Supreme Court of India · 1971-01-08
DAYARAM & ORS. vs DAWALATSHAH & ORS.
- Citation / case number
- SC 1966/60511
- Court
- Supreme Court of India
- Petitioner
- DAYARAM & ORS.
- Respondent
- DAWALATSHAH & ORS.
- Bench
- SHAH, J.C. (CJ)
Judgment text excerpt
The Supreme Court held that the expression 'the nearest male relative' applies the test of propinquity, favoring the eldest male member in the senior most line when multiple claimants are equally removed from the common ancestor. The Court affirmed that the Governor's power to remove a zamindar does not limit their title to a mere life interest, and any such order must follow a quasi-judicial inquiry. Furthermore, it clarified that Section 14 of Act 1 of 1951 does not grant the compensation officer jurisdiction to resolve competing claims to proprietary rights, which are determined solely in relation to the State's interests under Section 3 of the Act. The High Court's decision to exclude the first appellant from the zamindari was upheld.