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august 1974

Supreme Court of India · 1974-08-01

KAVIRAJ BASUDEVANAND vs MAHANT HARIHAR GIR (DEAD) & ORS.

Citation / case number
SC 1967/50
Court
Supreme Court of India
Petitioner
KAVIRAJ BASUDEVANAND
Respondent
MAHANT HARIHAR GIR (DEAD) & ORS.
Bench
ALAGIRISWAMI

Judgment text excerpt

The Supreme Court modified the High Court's judgment to grant a final decree in favor of the appellant regarding bakhast and zirat lands, subject to state ceiling laws. The Court held that the High Court erred in denying the benefit of Section 9 of the Bihar Land Reforms Act to co-sharers in mines, affirming that they are entitled to a share based on the principle established in Bhubaneshwar v. Sideshwar [1971] 3 S.C.R. 639. However, the appellant must pursue remedies for the mines through a separate suit, as the complexities involved cannot be resolved in final decree proceedings.

KAVIRAJ BASUDEVANAND vs MAHANT HARIHAR GIR (DEAD) & ORS. · Niyam