BHAGWAN DAS AND ANR. versus SARDAR ATMA SINGH

BHAGWAN DAS AND ANR. versus SARDAR ATMA SINGH

If allottee received temporary sanad in 1954 and permanent sanad later, the rights acquired relate back to the original allotment. Continuous possession provides entitlement to Bhumiswami status, and Section 264 does not defeat such rights when the land ceases to belong to the Central Government.

Source-derived case information.

Parties
Appellant: Bhagwan Das and Anr.; Respondent: Sardar Atma Singh
Jurisdiction
India
Judgment Date
23 November 1995
Procedural Posture
Civil Appeal / Appeal From Second Appeal Decision of Madhya Pradesh High Court (s.a. No. 463 of 1986)
Outcome
Appeal allowed
Legal Topics
Evacuee Property, Allotment, Bhumiswami Rights, Res Judicata
Property Law Land Revenue Civil Procedure Evacuee Property Allotment Bhumiswami Rights Res Judicata

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Parties

Bhagwan Das and Anr.

Appellant

Sardar Atma Singh

Respondent

Procedural Posture

Civil Appeal / Appeal From Second Appeal Decision of Madhya Pradesh High Court (s.a. No. 463 of 1986)

Legal Issues

  1. 1 Whether appellants acquired Bhumiswami rights under the Madhya Pradesh Land Revenue Code, 1959
  2. 2 Whether Section 264 of the Madhya Pradesh Land Revenue Code, 1959 could be invoked by the respondent to defeat claim of Bhumiswami rights

Ratio Decidendi

If allottee received temporary sanad in 1954 and permanent sanad later, the rights acquired relate back to the original allotment. Continuous possession provides entitlement to Bhumiswami status, and Section 264 does not defeat such rights when the land ceases to belong to the Central Government.

Court Disposition

Appeal allowed

Orders

  • Order of the High Court set aside
  • Suit filed by the respondent dismissed