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april 2002

Supreme Court of India · 2002-04-04

Rajeshwar Dayal & Ors vs Avneesh Kumar Avasthi & Ors

Citation / case number
AIR 2002 SUPREME COURT 1720
Court
Supreme Court of India
Petitioner
Rajeshwar Dayal & Ors
Respondent
Avneesh Kumar Avasthi & Ors
Author
D.P.Mohapatra
Bench
D.P. Mohapatra, Brijesh Kumar

Judgment text excerpt

The Supreme Court addressed appeals concerning property disputes under the Uttar Pradesh Urban Areas Zamindari Abolition and Land Reforms Act, 1957. The Court held that the jurisdiction of civil courts is not ousted by the Act, and the abatement of appeals due to the declaration of agricultural land under Section 8 of the Act was improper. The Court reaffirmed the principle that the time spent in earlier litigation can be counted towards the limitation period for filing a suit for specific performance of contract, thereby allowing the heirs of the lessee to pursue their claim.

Rajeshwar Dayal & Ors vs Avneesh Kumar Avasthi & Ors · Niyam