Supreme Court of India · 1978-05-05
SHER SINGH (DEAD) BY LRS. vs JOINT DIRECTOR OF CONSOLIDATION & ORS.
- Citation / case number
- SC 1969/60379
- Court
- Supreme Court of India
- Petitioner
- SHER SINGH (DEAD) BY LRS.
- Respondent
- JOINT DIRECTOR OF CONSOLIDATION & ORS.
- Author
- JASWANT SINGH
- Bench
- JASWANT SINGH
Judgment text excerpt
The Supreme Court held that the Joint Director of Consolidation has the authority under Section 48 of the U.P. Consolidation of Holdings Act, 1953 to revise decisions regarding land ownership, particularly when a lease is deemed fictitious to defraud pre-emptors. The Court found that the lease in favor of Sher Singh was executed with fraudulent intent, thus justifying the substitution of the names of Jai Kumar Singh and Roop Chand Singh as 'Khudkhast' holders. The appeal was allowed, overturning the lower court's decision that had favored Sher Singh.