Supreme Court of India · 2008-09-02
Madan Kishore vs Major Sudhir Sewal & Ors
- Citation / case number
- AIR 2009 SC (SUPP) 978
- Court
- Supreme Court of India
- Petitioner
- Madan Kishore
- Respondent
- Major Sudhir Sewal & Ors
- Author
- Tarun Chatterjee
- Bench
- Tarun Chatterjee, Harjit Singh Bedi
Judgment text excerpt
The Supreme Court addressed the issue of proprietary rights under the Himachal Pradesh Abolition of Big Landed Estates and Reforms Act, 1953, holding that the appellant, Madan Kishore, could not acquire proprietary rights over the suit land as he was merely a trustee and licensee for the original tenants' heirs. The Court reversed the High Court's decision, affirming the lower courts' findings that the transfers made by the appellant were null and void. The Court emphasized that the rights of the original tenants' heirs were paramount and could not be overridden by the appellant's claims.