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.