VIDYA SAGAR versus SUDESH KUMARI & OTHERS

VIDYA SAGAR versus SUDESH KUMARI & OTHERS

A decree for pre-emption based on proprietary interests becomes inexecutable after the vesting of such interests in the State under ss. 4 and 6 of the U.P. Zamindari Abolition and Land Reforms Act, 1950, as the property subject to the decree ceases to exist in law.

Parties
Appellant: Vidya Sagar; Respondent: Sudesh Kumari; Respondent: Respondent 2; Respondent: Respondent 3; Respondent: Respondent 4
Jurisdiction
India
Judgment Date
08 October 1975
Procedural Posture
Civil Appeal / Appeal by Special Leave From Allahabad High Court Judgment in Execution Second Appeal No. 2738 of 1971
Outcome
appeal dismissed
Legal Topics
Pre Emption, Land Abolition, Execution of Decrees
Property Law Pre Emption Land Abolition Execution of Decrees

Case Brief

Summary, issues, holding and outcome

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Parties

Vidya Sagar

Appellant

Sudesh Kumari

Respondent

Respondent 2

Respondent

Respondent 3

Respondent

Respondent 4

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Allahabad High Court Judgment in Execution Second Appeal No. 2738 of 1971

Legal Issues

  1. 1 Whether a decree for pre-emption obtained prior to enforcement of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 survives for execution after the enforcement of the Act.

Ratio Decidendi

A decree for pre-emption based on proprietary interests becomes inexecutable after the vesting of such interests in the State under ss. 4 and 6 of the U.P. Zamindari Abolition and Land Reforms Act, 1950, as the property subject to the decree ceases to exist in law.

Court Disposition

appeal dismissed

Orders

  • no order as to costs