Supreme Court of India · 1978-02-06
JAGDISH CHANDER (DEAD) BY L. RS. vs BRIJ MOHAN & ORS.
- Citation / case number
- SC 1970/60045
- Court
- Supreme Court of India
- Petitioner
- JAGDISH CHANDER (DEAD) BY L. RS.
- Respondent
- BRIJ MOHAN & ORS.
- Author
- SYED MURTAZA FAZALALI
- Bench
- SYED MURTAZA FAZALALI
Judgment text excerpt
The Supreme Court held that under Article 136, it cannot reassess factual findings made by lower courts. The Court found that the right to repurchase did not vest in Bir Narain and others as per the sale deed dated 18-12-1958, but rather with the plaintiffs. It clarified that for Section 154 of the U.P. Zamindari Abolition and Land Reforms Act, 1950 to apply, the transferee must hold an aggregate of 12.5 acres or 30 acres, which the plaintiffs did not exceed, thus affirming the lower court's decree for specific performance of the contract of sale.