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july 2000

Supreme Court of India · 2000-07-25

Hajuri P.C. Khuntia & Ors. vs Brundaban R. Das & Others

Citation / case number
AIR 2000 SUPREME COURT 2538
Court
Supreme Court of India
Petitioner
Hajuri P.C. Khuntia & Ors.
Respondent
Brundaban R. Das & Others
Author
M. Jagannadha Rao
Bench
M.Jagannadha Rao, Doraiswamy Raju

Judgment text excerpt

The Supreme Court upheld the High Court's ruling that the settlement of land under Sections 6 and 7 of the Act was illegal as the landlord was not in possession on the date of vesting. The Court clarified that the tenant's possession of the Cinema Hall did not equate to possession by the ex-intermediary, thus denying the landlord's claim under Section 6. Furthermore, the Court remanded the matter to the Tahsildar for a fresh decision on whether the property constituted a dwelling house under Section 2(i) and the tenant's rights under Section 8, which were not properly considered previously.

Hajuri P.C. Khuntia & Ors. vs Brundaban R. Das & Others · Niyam