JAGAT SINGH versus KARAN SINGH (DEAD) BY LRS. & ORS.

JAGAT SINGH versus KARAN SINGH (DEAD) BY LRS. & ORS.

Section 6(4) is designed to apply only to Hindus; 'sapinda' who lived and assisted the deceased sub-tenant in the manner of a joint family member is entitled to become sub-tenant, irrespective of being part of an undivided family.

Parties
Appellant: Jagat Singh; Respondents: Karan Singh (Dead) by LRs. & Ors.
Jurisdiction
India
Judgment Date
24 March 1987
Procedural Posture
Civil Appeal / Supreme Court Appeal From Allahabad High Court Judgment
Outcome
Appeal allowed
Legal Topics
Interpretation of 'sapinda' and Eligibility for Sub Tenancy Under Section 6(4), Applicability of Tehri Garhwal Bhumi Sambandhi Adhikar Niyam to Hindus
Tenancy Law Hindu Law Interpretation of 'sapinda' and Eligibility for Sub Tenancy Under Section 6(4) Applicability of Tehri Garhwal Bhumi Sambandhi Adhikar Niyam to Hindus

Case Brief

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Parties

Jagat Singh

Appellant

Karan Singh (Dead) by LRs. & Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appeal From Allahabad High Court Judgment

Legal Issues

  1. 1 Whether 'sapinda' of original 'khaikari' living as family member is entitled to become sub-tenant under s.6(4)
  2. 2 Is s.6(4) restricted to Hindus due to use of the term 'sapinda'?

Ratio Decidendi

Section 6(4) is designed to apply only to Hindus; 'sapinda' who lived and assisted the deceased sub-tenant in the manner of a joint family member is entitled to become sub-tenant, irrespective of being part of an undivided family.

Court Disposition

Appeal allowed

Orders

  • Judgment and order of lower appellate court and High Court set aside
  • Judgment and decree of the trial court restored