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january 1973

Supreme Court of India · 1973-01-22

KAILASH RAI vs JAI JAI RAM & OTHERS

Citation / case number
SC 1967/325
Court
Supreme Court of India
Petitioner
KAILASH RAI
Respondent
JAI JAI RAM & OTHERS
Bench
VAIDYIALINGAM, C.A.

Judgment text excerpt

The Supreme Court interpreted Section 18(1)(a) of the U.P. Zamindari Abolition and Land Reforms Act, 1950, clarifying that possession by one co-sharer is deemed possession for all co-sharers unless ouster is established. The Court held that all lands in possession of an intermediary as khudkasht or sir on June 30, 1952, are deemed settled with the State Government, entitling the intermediary to bhumidhari rights. The appeal was allowed, overturning the High Court's dismissal of the appellant's suit for division of holdings.

KAILASH RAI vs JAI JAI RAM & OTHERS · Niyam