Supreme Court of India · 2002-08-14
Pavni Bai (Dead) Through Her Lrs vs Loona (Dead) Through Lrs And Ors.
- Citation / case number
- JT2002(8)SC160
- Court
- Supreme Court of India
- Petitioner
- Pavni Bai (Dead) Through Her Lrs
- Respondent
- Loona (Dead) Through Lrs And Ors.
- Bench
- V.N. Khare, Shivaraj V.Patil, Ashok Bhan
Judgment text excerpt
The Madhya Pradesh High Court ruled that the plaintiff-respondents, as sub-tenants, acquired Bhoomiswami rights under Section 189 of the Madhya Pradesh Land Revenue Code, effective from 1.7.1961. The court found that the defendant-appellant's claim of being the sole owner and a disabled person was erroneous, as the evidence indicated the existence of two tenants. The High Court's assumption regarding the defendant-appellant's status as a sole tenant and widow was incorrect, leading to the restoration of the trial court's decree in favor of the plaintiff-respondents.