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august 2014

Supreme Court of India · 2014-08-13

PURSHOTTAM DAS TANDON DEAD BY LRS. vs MILITARY ESTATE OFFICER .

Citation / case number
SC 2005/16953
Court
Supreme Court of India
Petitioner
PURSHOTTAM DAS TANDON DEAD BY LRS.
Respondent
MILITARY ESTATE OFFICER .
Author
RANJAN GOGOI
Bench
M.Y. EQBAL RANJAN GOGOI

Judgment text excerpt

The Supreme Court upheld the High Court's decision that the appellant's entitlement to the property must be adjudicated in a civil suit, as significant questions of title arose that were not suitable for writ jurisdiction. The Court noted that the property was originally purchased by the appellant's grandfather in 1848, but the Union of India claimed a right of resumption based on an old grant from 1836. The Court emphasized that the appellant's possession was not disputed, but the title issues necessitated a formal declaration in a civil suit, thereby affirming the High Court's dismissal of the writ petitions.

PURSHOTTAM DAS TANDON DEAD BY LRS. vs MILITARY ESTATE OFFICER . · Niyam