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august 2007

Supreme Court of India · 2007-08-23

RAJINDRA SINGH (DEAD) THR.LRS & vs PREM MAI .

Citation / case number
SC 1999/19755
Court
Supreme Court of India
Petitioner
RAJINDRA SINGH (DEAD) THR.LRS &
Respondent
PREM MAI .
Author
MARKANDEY KATJU A.K. MATHUR
Bench
MARKANDEY KATJU A.K. MATHUR

Judgment text excerpt

The Supreme Court held that the dismissal of the restitution application under Section 144 CPC was erroneous, as the appellant was entitled to possession of the suit land following the affirmation of the First Appellate Court's judgment declaring him a Sirdar. The Court emphasized that the High Court's order dated 6.9.99 could not be sustained given the finality of the earlier judgments. The appeal was allowed, and the order of the High Court was set aside, restoring the appellant's right to possession of the land.

RAJINDRA SINGH (DEAD) THR.LRS & vs PREM MAI . · Niyam