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september 1999

Supreme Court of India · 1999-09-22

PRATAP SINGH vs DEPUTY DIRECTOR OF CONSOLIDATION .

Citation / case number
SC 1981/62973
Court
Supreme Court of India
Petitioner
PRATAP SINGH
Respondent
DEPUTY DIRECTOR OF CONSOLIDATION .
Author
SAGHIR AHMAD
Bench
S.S.AHMAD R.P.SETHI

Judgment text excerpt

The Supreme Court addressed the conflict regarding the commencement of the limitation period under Section 209 of the U.P. Zamindari Abolition and Land Reforms Act, holding that the period does not start from the date of vesting but from the date of demand for possession by the mortgagor. The Court upheld the Full Bench decision in Balwant & Ors. vs. The Deputy Director of Consolidation, clarifying that the possession of a mortgagee whose rights have extinguished is not automatically adverse. The Court ultimately set aside the judgment of the Deputy Director of Consolidation, allowing the writ petition filed by the respondents.

PRATAP SINGH vs DEPUTY DIRECTOR OF CONSOLIDATION . · Niyam