Supreme Court of India · 2019-07-16
STATE OF M.P. vs DUNGAJI(D) BY LRS.
- Citation / case number
- SC 2011/26736
- Court
- Supreme Court of India
- Petitioner
- STATE OF M.P.
- Respondent
- DUNGAJI(D) BY LRS.
- Author
- HON'BLE MR. JUSTICE M.R. SHAH
- Bench
- HON'BLE MR. JUSTICE ARUN MISHRA, HON'BLE MR. JUSTICE S. ABDUL NAZEER, HON'BLE MR. JUSTICE M.R. SHAH
Judgment text excerpt
The Supreme Court upheld the High Court's decision that the marriage between Dungaji and Kaveribai was dissolved by customary divorce prior to the Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960. The Court ruled that the property inherited by Kaveribai from her mother could not be considered family property of Dungaji for surplus area determination under the Act. The Court also affirmed that the order passed by the Competent Authority on 18.05.1976 was null and void due to non-compliance with mandatory legal provisions.