STATE OF GUJARAT versus NARGES K. PANTHAKY

STATE OF GUJARAT versus NARGES K. PANTHAKY

Because the agreement transferring land was not registered, ownership did not pass and the original owner remained entitled for ceiling area computation under the Gujarat Agricultural Lands Ceiling Act.

Parties
Appellant: State of Gujarat; Respondent: Narges K. Panthaky
Jurisdiction
India
Judgment Date
02 November 1995
Procedural Posture
Civil Appeal / Supreme Court Decision on Appeal From Gujarat High Court
Outcome
Appeal allowed
Legal Topics
Ceiling Area Determination, Transfer of Land, Compulsory Registration of Documents
Property Law Land Ceiling Ceiling Area Determination Transfer of Land Compulsory Registration of Documents

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Parties

State of Gujarat

Appellant

Narges K. Panthaky

Respondent

Procedural Posture

Civil Appeal / Supreme Court Decision on Appeal From Gujarat High Court

Legal Issues

  1. 1 Whether a non-registered agreement transferring title extinguishes the owner's rights for land ceiling computation under the Gujarat Agricultural Lands Ceiling Act, 1960

Ratio Decidendi

Because the agreement transferring land was not registered, ownership did not pass and the original owner remained entitled for ceiling area computation under the Gujarat Agricultural Lands Ceiling Act.

Court Disposition

Appeal allowed

Orders

  • Matter remitted to the ceiling authority to compute the ceiling area per this order
  • Authorities to take further action according to law