RAMESHWAR AND ORS. versus JOT RAM & ORS.

RAMESHWAR AND ORS. versus JOT RAM & ORS.

The rights of tenants to purchase land under Section 18(1) of the Punjab Security of Land Tenures Act, 1953 are determined as on the date of application and become vested on the deposit of the first instalment; subsequent events, such as the death of the landowner and the heirs thereby becoming small landowners, do not divest rights already conferred.

Parties
Appellant: Rameshwar and Ors.; Respondent: Jot Ram & Ors.
Jurisdiction
India
Judgment Date
18 September 1975
Procedural Posture
Civil Appeal / Supreme Court Civil Appeals No. 817 to 819 of 1968 and 1456 to 1458 of 1969 by Special Leave From Judgments of the Punjab and Haryana High Court
Outcome
Appeal dismissed
Legal Topics
Tenancy Rights, Purchase by Tenants, Vesting of Ownership, Effect of Subsequent Events, Punjab Security of Land Tenures Act
Agrarian Reform Land Law Tenancy Rights Purchase by Tenants Vesting of Ownership Effect of Subsequent Events Punjab Security of Land Tenures Act

Case Brief

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Parties

Rameshwar and Ors.

Appellant

Jot Ram & Ors.

Respondent

Procedural Posture

Civil Appeal / Supreme Court Civil Appeals No. 817 to 819 of 1968 and 1456 to 1458 of 1969 by Special Leave From Judgments of the Punjab and Haryana High Court

Legal Issues

  1. 1 Whether the death of a large landowner during the pendency of appeal, resulting in heirs becoming small landowners, disentitles tenants from purchasing land under s.18(1) of the Punjab Security of Land Tenures Act, 1953
  2. 2 Whether rights vested by deposit of first installment can be defeated by subsequent events

Ratio Decidendi

The rights of tenants to purchase land under Section 18(1) of the Punjab Security of Land Tenures Act, 1953 are determined as on the date of application and become vested on the deposit of the first instalment; subsequent events, such as the death of the landowner and the heirs thereby becoming small landowners, do not divest rights already conferred.

Court Disposition

Appeal dismissed

Orders

  • Appeals are dismissed with parties to bear their own costs in Civil Appeals Nos. 817 to 819 of 1968; Civil Appeals Nos. 1456 to 1458 of 1969 dismissed without costs.