SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2008 Supreme(Raj) 2276

SHIV KUMAR SHARMA, MAHESH BHAGWATI
Surendra Singh – Appellant
Versus
Kisturi – Respondent


Advocates:
For the Appellants:Rajendra Prasad, Advocate.
For the Respondents:P.C. Jain, Advocate.

JUDGMENT

1. - Whether the power of superintending control conferred on Board of Revenue by section 221 of the Rajasthan Tenancy Act 1955 (for short 1955 Act') is similar to the control exercised by the High Court under Article 227 of the Constitution is the core question springing up for our consideration in the instant appeal.

2. This question emerges in the circumstances set out below:

(i) The land in dispute was recorded as Khudkast land of ancestors of the appellants in Samvat 2007-12.

(ii) On March 13, 1953 an application was filed by the respondents under section 145 of Code of Criminal Procedure and land in question was attached.

(iii) On April 19, 1955 the Sub Divisional Magistrate Bharatpur decided the matter in favour of the respondents and they were put In possession.

(iv) The High Court on Jan. 5, 1956 quashed and set aside the order dated April 19, 1955 and remanded the matter to Sub Divisional Magistrate for fresh decision.

(v) On Feb. 13, 1956 the Sub Divisional Magistrate reattached the land in question and issued notice for recovery of sale money.

(vi) On August 22, 1958 the Sub Divisional Magistrate Bharatpur again decided the matter in favour of the respondents. However
































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top