STATE OF GUJARAT versus JETAWAT LAL SINGH AMAR SINGH & ORS.

Both the right to enjoy Gharkhed lands without paying assessment and the right to receive cash allowance from jagir are interests in property; their abolition or modification under the Act entitles the holder to compensation as per s. 14(1).

Parties: Appellant: STATE OF GUJARAT; Respondent No. 1: JETAWAT LAL SINGH AMAR SINGH
Jurisdiction: India
Judgment Date: 07 August 1968
Procedural Posture: Civil Appeal / Appeal by Special Leave From Gujarat High Court Judgment and Order Dated November 21, 1963 in Special Civil Application No. 560 of 1961
Outcome: Appeal dismissed
Legal Topics: Jagir Abolition, Compensation for Extinguished Property Rights

Property Law Compensation Law Jagir Abolition Compensation for Extinguished Property Rights

Case Brief

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Parties

STATE OF GUJARAT

Appellant

JETAWAT LAL SINGH AMAR SINGH

Respondent No. 1

Procedural Posture

Civil Appeal / Appeal by Special Leave From Gujarat High Court Judgment and Order Dated November 21, 1963 in Special Civil Application No. 560 of 1961

Legal Issues

1 Whether the right to own and possess Gharkhed lands free of assessment and the right to receive cash allowance from jagir constitutes property or interest in property under s. 14(1) of the Bombay Merged Territories and Areas (Jagir Abolition) Act, 1954 entitling compensation

Ratio Decidendi

Court Disposition

Appeal dismissed

Orders

Respondent no. 1 entitled to compensation under s. 14(1) of the Act for Gharkhed lands and cash allowance; costs awarded to respondent