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september 2000

Supreme Court of India · 2000-09-14

SHRI KASTURCHAND vs SHRI HARBILASH .

Citation / case number
SC 1987/68176
Court
Supreme Court of India
Petitioner
SHRI KASTURCHAND
Respondent
SHRI HARBILASH .
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 entries in the Khasra prior to the date of vesting, rather than actual possession on that date. The Court found that the appellants had established their claim to possession based on prior entries in the Khasra, which were subsequently altered. The Court reversed the lower courts' decisions and ruled in favor of the appellants, granting them recovery of possession of the disputed land.

SHRI KASTURCHAND vs SHRI HARBILASH . · Niyam