HIMATRAO versus JAIKISHANDAS AND ORS.

HIMATRAO versus JAIKISHANDAS AND ORS.

Partition and declaration of share in home-farm land remain available and unaffected by the Act; the High Court erred in dismissing the suit as infructuous. The matter must be decided on merits concerning rights to home-farm land, which did not vest in the State.

Parties
Appellant: Himatrao; Respondent: Jaikishandas; Appellant: Laxman Vinayak; Respondent: Pusaram; Respondent: Respondent No. 4
Jurisdiction
India
Judgment Date
04 March 1966
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeals allowed
Legal Topics
Partition, Proprietary Rights, Abolition of Proprietary Rights, Home Farm Land
Property Law Partition Proprietary Rights Abolition of Proprietary Rights Home Farm Land

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Himatrao

Appellant

Jaikishandas

Respondent

Laxman Vinayak

Appellant

Pusaram

Respondent

Respondent No. 4

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the right to claim partition of 'home-farm' land is affected by vesting of proprietary interest in the State under the Madhya Pradesh Abolition of Proprietary Rights Act, 1950

Ratio Decidendi

Partition and declaration of share in home-farm land remain available and unaffected by the Act; the High Court erred in dismissing the suit as infructuous. The matter must be decided on merits concerning rights to home-farm land, which did not vest in the State.

Court Disposition

Appeals allowed

Orders

  • Decrees of the High Court set aside
  • Suit remitted to High Court for decision on merits