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.