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.