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september 2008

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.

Madan Kishore vs Major Sudhir Sewal & Ors · Niyam