Supreme Court of India · 1990-12-21
BUDHA vs AMILAL
- Citation / case number
- SC 1987/70915
- Court
- Supreme Court of India
- Petitioner
- BUDHA
- Respondent
- AMILAL
- Author
- S.C. AGRAWAL
- Bench
- S.C. AGRAWAL
Judgment text excerpt
The Supreme Court held that under Section 29(1) of the Rajasthan Zamindari and Biswedari Abolition Act, 1959, the rights of biswedars in agricultural lands are extinguished upon the abolition of biswedari, resulting in the vesting of such lands in the State. The Court affirmed the High Court's decision that the appellant could not maintain a suit for redemption of mortgages as he was not in possession of the lands post-mortgage and failed to establish khudkasht rights. Consequently, the appeal was dismissed, upholding the lower court's ruling.