Niyam v2 is live — start for just ₹100 — 200 credits to try

april 1992

Supreme Court of India · 1992-04-22

MST. KANCHANIYA AND ORS. vs SHIV RAM AND ORS.

Citation / case number
SC 1983/66078
Court
Supreme Court of India
Petitioner
MST. KANCHANIYA AND ORS.
Respondent
SHIV RAM AND ORS.
Author
S.C. AGRAWAL
Bench
S.C. AGRAWAL

Judgment text excerpt

The Supreme Court ruled that under Section 248(1) of the Madhya Pradesh Land Revenue Code, 1959, a Pujari (temple priest) does not have the authority to lease out maufi land, as it is considered government property under the control of the Aukaf Department. The Court held that the lease granted by the Pujari to Malkhan was invalid and ineffective, affirming the decision of the Additional Commissioner that the priest could only manage the land but not alter its ownership. The Court directed the government to determine the permission for cultivation by the legal heirs of the lessee following the death of the lessee, thus upholding the principle that maufi land is not transferable by the Pujari.

MST. KANCHANIYA AND ORS. vs SHIV RAM AND ORS. · Niyam