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february 1991

Supreme Court of India · 1991-02-22

MITHLESH KUMARI vs FATEH BAHADUR SINGH .

Citation / case number
SC 1983/64726
Court
Supreme Court of India
Petitioner
MITHLESH KUMARI
Respondent
FATEH BAHADUR SINGH .
Author
K.N. SAIKIA
Bench
K.N. SAIKIA

Judgment text excerpt

The Supreme Court held that the U.P. Zamindari Abolition and Land Reforms Act, 1950, specifically Section 168-A, prohibits the sale of fragmented land to non-tenure holders, rendering such transfers void. The Court affirmed the High Court's decision that the sales in question were invalid under Section 168-A(2) and that the benefit of Section 43 of the Transfer of Property Act could not be claimed by the appellants. Consequently, the appeal was dismissed, upholding the High Court's decree in favor of the first respondent for specific performance of the contract.

MITHLESH KUMARI vs FATEH BAHADUR SINGH . · Niyam