BEHARILAL AND ANR. versus SMT. BHURI DEVI AND ORS.

BEHARILAL AND ANR. versus SMT. BHURI DEVI AND ORS.

Cancellation of patta granted to the appellant and subsequent allotment to respondent were invalid, as original grant was lawful and in conformity with approved Rules; failure to comply strictly with Article 299 does not render the grant void; possession delivered to appellant is valid in law; suit for possession is maintainable.

Parties
Appellant: Beharilal; Respondent: Smt. Bhuri Devi; Respondent: Kamla; Respondent: Ram Gopal Gajanand
Jurisdiction
India
Judgment Date
05 December 1996
Procedural Posture
Civil Appeal / Final Supreme Court Judgment
Outcome
appeal allowed
Legal Topics
Grant and Cancellation of Patta, Implementation of Article 299, Possession and Dispossession, Non Joinder of Necessary Parties, Maintainability of Suit Under Specific Relief Act Section 6, Raising New Plea at Appellate Stage
Property Law Constitutional Law Civil Procedure Grant and Cancellation of Patta Implementation of Article 299 Possession and Dispossession Non Joinder of Necessary Parties Maintainability of Suit Under Specific Relief Act Section 6 +1 more

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Parties

Beharilal

Appellant

Smt. Bhuri Devi

Respondent

Kamla

Respondent

Ram Gopal Gajanand

Respondent

Procedural Posture

Civil Appeal / Final Supreme Court Judgment

Legal Issues

  1. 1 Whether cancellation of patta granted to appellant and allotment to respondent was valid
  2. 2 Whether failure to comply with Article 299 invalidated grant of patta
  3. 3 Whether appeal abated due to failure to substitute legal representatives

Ratio Decidendi

Cancellation of patta granted to the appellant and subsequent allotment to respondent were invalid, as original grant was lawful and in conformity with approved Rules; failure to comply strictly with Article 299 does not render the grant void; possession delivered to appellant is valid in law; suit for possession is maintainable.

Court Disposition

appeal allowed

Orders

  • Judgment of Division Bench set aside
  • Judgment of Trial Court as confirmed by learned Single Judge restored