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november 2000

Supreme Court of India · 2000-11-27

Gaya Din (D) Through Lrs. & Ors. vs Hanuman Prasad (D) Through Lrs. & Ors.

Court
Supreme Court of India
Petitioner
Gaya Din (D) Through Lrs. & Ors.
Respondent
Hanuman Prasad (D) Through Lrs. & Ors.
Author
Syed Shah Mohammed Quadri
Bench
S.S.M.Quadri, S.N.Phukan

Judgment text excerpt

The Supreme Court upheld the High Court's decision restoring the Settlement Officer's order that declared the disputed khatas as joint Hindu family property, thus entitling the respondents to co-sharer status. The Court clarified that tenancy rights are governed by the U.P. Tenancy Act, 1939, and emphasized that the existence of a joint family was established, contrary to the appellants' claims of individual ownership. The Court ruled that the High Court's interference under Article 226 was justified given the circumstances of the case.

Gaya Din (D) Through Lrs. & Ors. vs Hanuman Prasad (D) Through Lrs. & Ors. · Niyam