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november 2001

Supreme Court of India · 2001-11-27

Gordhan Das vs Pirkhan & Ors

Citation / case number
AIR 2002 SUPREME COURT 315
Court
Supreme Court of India
Petitioner
Gordhan Das
Respondent
Pirkhan & Ors
Bench
Syed Shah Mohammed Quadri, S.N. Phukan

Judgment text excerpt

The Supreme Court upheld the decision of the Madhya Pradesh High Court affirming that Gulkhan had acquired the status of a Pacca tenant under Section 38 of the Madhya Pradesh Zamindari Abolition Act, 1951. The Court noted that Gulkhan's possession for four years prior to the suit was undisputed and that Allarakh's admission in the revenue proceedings constituted sufficient evidence of Gulkhan's tenancy rights. The Court clarified that under Section 3 of the Zamindari Abolition Act, all property rights vest in the State, but tenants are deemed Pacca tenants from the date of vesting, thus affirming Gulkhan's rights over the suit land.

Gordhan Das vs Pirkhan & Ors · Niyam