Supreme Court of India · 1975-10-08
VIDYA SAGAR vs SUDESH KUMARI & OTHERS
- Citation / case number
- SC 1974/60339
- Court
- Supreme Court of India
- Petitioner
- VIDYA SAGAR
- Respondent
- SUDESH KUMARI & OTHERS
- Author
- P.K. GOSWAMI
- Bench
- P.K. GOSWAMI
Judgment text excerpt
The Supreme Court addressed the issue of whether a pre-emption decree obtained before the enforcement of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, remains executable post-enforcement. The Court held that the decree is indeed inexecutable due to the provisions of Section 336 of the Act, which extinguishes the right of pre-emption in the applicable area. Consequently, the appeal was dismissed, affirming the High Court's decision.