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.