Supreme Court of India · 2008-09-02
MADAN KISHORE vs MAJOR SUDHIR SEWAL
- Citation / case number
- SC 1997/17321
- Court
- Supreme Court of India
- Petitioner
- MADAN KISHORE
- Respondent
- MAJOR SUDHIR SEWAL
- Author
- TARUN CHATTERJEE
- Bench
- TARUN CHATTERJEE,HARJIT SINGH BEDI, , ,
Judgment text excerpt
The Supreme Court examined the applicability of the Himachal Pradesh Abolition of Big Landed Estates and Reforms Act, 1953, in determining the proprietary rights over the disputed land. The Court held that the appellant, who claimed proprietary rights as a sub-tenant, could not acquire such rights as he was merely a trustee and licensee for the original tenants. The Court reversed the High Court's decision, affirming the lower courts' rulings in favor of the original plaintiff's heirs, thereby declaring the appellant's sale and mortgage of the land null and void.