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.