CHIEF EXECUTIVE OFFICER versus SURENDERA KUMAR VAKIL AND ORS.

CHIEF EXECUTIVE OFFICER versus SURENDERA KUMAR VAKIL AND ORS.

Statutory regulations and the General Land Register, which are admissible and authentic evidence, show the land is held on 'old grant' basis, granting only occupancy rights, not absolute ownership; resumption by the authority is allowed under law for violation of grant terms.

Parties
Appellant: Chief Executive Officer; Respondents: Surendera Kumar Vakil and Ors.
Jurisdiction
India
Judgment Date
23 March 1999
Procedural Posture
Civil Appeal / Appeal From Madhya Pradesh High Court Decision in F.a. No. 319 of 1994
Outcome
Appeal allowed; suit dismissed with costs; judgment and order of Madhya Pradesh High Court set aside.
Legal Topics
Land Tenure in Cantonment Areas, Old Grant Tenure, Resumption of Land, Occupation Rights, Evidence of Title and Grant, Regulations Governing Cantonment Land
Property Law Administrative Law Military/cantonment Law Land Tenure in Cantonment Areas Old Grant Tenure Resumption of Land Occupation Rights Evidence of Title and Grant +1 more

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Parties

Chief Executive Officer

Appellant

Surendera Kumar Vakil and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Madhya Pradesh High Court Decision in F.a. No. 319 of 1994

Legal Issues

  1. 1 Whether the land in question was held by S.N. Mukherjee on 'old grant' basis
  2. 2 Whether the appellants were entitled to resume the land under the law
  3. 3 Whether the respondents or their predecessors had absolute ownership of the said land

Ratio Decidendi

Statutory regulations and the General Land Register, which are admissible and authentic evidence, show the land is held on 'old grant' basis, granting only occupancy rights, not absolute ownership; resumption by the authority is allowed under law for violation of grant terms.

Court Disposition

Appeal allowed; suit dismissed with costs; judgment and order of Madhya Pradesh High Court set aside.

Orders

  • Appellants entitled to resume the land in accordance with law.
  • Suit of respondents dismissed with costs.