Supreme Court of India · 2000-09-14
Kasturchand And Anr vs Harbilash And Ors
- Citation / case number
- AIR 2000 SUPREME COURT 3037
- Court
- Supreme Court of India
- Petitioner
- Kasturchand And Anr
- Respondent
- Harbilash And Ors
- Bench
- Syed Shah Mohammed Quadri, S.N. Phukan
Judgment text excerpt
The Supreme Court interpreted Section 4(2) of the Madhya Bharat Zamindari Abolition Act, Samvat 2008, holding that the right to continue in possession is determined by prior entries in the Khasra rather than actual possession on the date of vesting. The Court found that the appellants had established their claim to possession based on their recorded cultivation in the Khasra for the years preceding the vesting date, thus reversing the lower courts' decisions which had dismissed their suit. The appeal was allowed, affirming the appellants' rights to recover possession of the disputed land.