RAM AVTAR AND ORS. versus RAM DHANI AND ORS

RAM AVTAR AND ORS. versus RAM DHANI AND ORS

Smt. Phoola, having been put in possession of land under a family compromise and so recorded, was in possession as intermediary at the vesting date and thus became bhumidhar under Section 18, entitling her to absolute rights including transfer; Section 11 did not apply.

Parties
Appellants: Ram Avtar and Ors.; Respondents: Ram Dhani and Ors.
Jurisdiction
India
Judgment Date
26 September 1996
Procedural Posture
Civil Appeal / Supreme Court Decision on Appeal From Allahabad High Court
Outcome
Appeal dismissed.
Legal Topics
Widow's Rights, Maintenance, Succession, Mutation of Land Records, U.p. Zamindari Abolition and Land Reforms Act, U.p. Consolidation of Holdings Act
Property Law Land Reforms Hindu Law Widow's Rights Maintenance Succession Mutation of Land Records U.p. Zamindari Abolition and Land Reforms Act +1 more

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Parties

Ram Avtar and Ors.

Appellants

Ram Dhani and Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Decision on Appeal From Allahabad High Court

Legal Issues

  1. 1 Whether Smt. Phoola had absolute right to transfer the property received for maintenance under a family compromise in 1932.
  2. 2 Whether Section 18 or Section 11 of the U.P. Zamindari Abolition and Land Reforms Act, 1950 applies to the widow's interest.

Ratio Decidendi

Smt. Phoola, having been put in possession of land under a family compromise and so recorded, was in possession as intermediary at the vesting date and thus became bhumidhar under Section 18, entitling her to absolute rights including transfer; Section 11 did not apply.

Court Disposition

Appeal dismissed.

Orders

  • Order of Deputy Director (Consolidation) set aside.
  • Orders of Consolidation Officer and Settlement Officer (Consolidation) restored.