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february 2019

Supreme Court of India · 2019-02-08

TANU RAM BORA vs PROMOD CH DAS (DEAD) THR. LRS.

Citation / case number
SC 2015/40430
Court
Supreme Court of India
Petitioner
TANU RAM BORA
Respondent
PROMOD CH DAS (DEAD) THR. LRS.
Author
HON'BLE MR. JUSTICE L. NAGESWARA RAO
Bench
HON'BLE MR. JUSTICE M.R. SHAH HON'BLE MR. JUSTICE L. NAGESWARA RAO

Judgment text excerpt

The Supreme Court upheld the dismissal of the original plaintiff's suit for possession of land, confirming that the vendor had no saleable right due to the land being declared ceiling surplus and acquired by the Government in 1988. The Court noted that the subsequent declaration of the land as ceiling free did not retroactively validate the sale made in 1990. The Court reiterated that a vendor cannot transfer rights they do not possess, thus affirming the lower courts' decisions under relevant property law principles.

TANU RAM BORA vs PROMOD CH DAS (DEAD) THR. LRS. · Niyam