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january 1971

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.

DAYARAM & ORS. vs DAWALATSHAH & ORS. · Niyam