BIR SINGH AND ORS. versus PYARE SINGH AND ORS.
If a Zamindar is not in occupation of Khudkasht land on the date of vesting, as required by section 29 of the Zamindari Abolition Act, the land vests in the State and he is not entitled to khatedari rights nor entitled to maintain a suit for recovery of possession from any other person.
- Parties
- Appellants: Bir Singh and Others; Respondents: Pyare Singh and Others
- Jurisdiction
- India
- Judgment Date
- 06 March 2000
- Procedural Posture
- Civil Appeal / Supreme Court Appeal From High Court Decision
- Outcome
- Appeal dismissed
- Legal Topics
- Zamindari Abolition, Khatedari Rights, Possession Requirement, Usufructuary Mortgage, Recovery of Possession
Case Brief
Summary, issues, holding and outcome
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Parties
Bir Singh and Others
Appellants
Pyare Singh and Others
Respondents
Procedural Posture
Civil Appeal / Supreme Court Appeal From High Court Decision
Legal Issues
- 1 Whether appellants are 'khatedar tenants' of the disputed land despite not being in occupation at date of vesting under the Rajasthan Zamindari and Biswedari Abolition Act, 1959
- 2 Whether the right of the appellants in the land was extinguished under section 12 of the Rajasthan Tenancy Act, 1955
Ratio Decidendi
If a Zamindar is not in occupation of Khudkasht land on the date of vesting, as required by section 29 of the Zamindari Abolition Act, the land vests in the State and he is not entitled to khatedari rights nor entitled to maintain a suit for recovery of possession from any other person.
Court Disposition
Appeal dismissed
Orders
- High Court decision upholding respondents is affirmed.
- Suit for possession by appellants is dismissed.
Full Case Text
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