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.