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Sheela Devi Vs. Mohan Sarup and ors.

Sheela Devi vs Mohan Sarup and ors.

Type Court Judgment Court Supreme Court of India Decided Feb 19, 1987
~1 min read
https://sooperkanoon.com/case/661286

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Citation
Court
Supreme Court of India
Judge
Decided On
Case Number
Civil Appeal No. 852 of 1973
Subject
Property

Case Summary

AI-generated summary - not the official court judgment text.

- DELHI LAWS SPECIAL PROVISIONS ACT (2007) Section 1: [S.B.Sinha & Dr.Mukundakam Sharma,JJ] Scope -Act extended till December, 2009 - To be given effect to as it is a Central Law and would definitely have primacy over administrative orders-Provisions of Act have to be implemented and, therefore, none of the order...

Key legal issue
Property

Parties & Advocates

Appellant / Petitioner

Sheela Devi

Respondent

Mohan Sarup and ors.

Legal References

Cases Referred
Hunooman Persaud Panday v. Mussumat Babooee Munroj Kaonweree
Reported In
AIR1987SC1072; JT1987(1)SC486; 1987(1)SCALE422; (1987)2SCC235; 1987(1)LC436(SC)

Excerpt

- delhi laws special provisions act (2007) section 1: [s.b.sinha & dr.mukundakam sharma,jj] scope -act extended till december, 2009 - to be given effect to as it is a central law and would definitely have primacy over administrative orders-provisions of act have to be implemented and, therefore, none of the orders passed by supreme court would be deemed to have been passed in derogation or contrary to the provisions of the delhi act. v. balakrishna eradi, j.after hearing counsel appearing on behalf of the appellant we do not find any error of law in the view taken by the high court that the plaintiffs are entitled to a declaration to the effect that the sale deed dated may 16, 1955 executed by the first defendant in favour of the second defendant in respect of 19 bighas and 6 biswas of agricultural land will not affect their reversionary right and that they shall be entitled to the possession of the land in suit on the death of defendant no.1 on payment of the sum of rs. 6,706/- to which extent alone legal necessity had been proved. the said view is not in any way inconsistent with the dictum laid down by the party council in hunooman persaud panday v. mussumat babooee munroj kaonweree 9 moore's indian anneals 393 the appeal is therefore devoid of merits and it will accordingly stand dismissed. in the circumstances, we direct the parties to bear their respective costs.

Full Judgment

V. Balakrishna Eradi, J.

After hearing Counsel appearing on behalf of the appellant we do not find any error of law in the view taken by the High Court that the plaintiffs are entitled to a declaration to the effect that the sale deed dated May 16, 1955 executed by the first defendant in favour of the second defendant in respect of 19 Bighas and 6 Biswas of agricultural land will not affect their reversionary right and that they shall be entitled to the possession of the land in suit on the death of defendant No.1 on payment of the sum of Rs. 6,706/- to which extent alone legal necessity had been proved. The said view is not in any way inconsistent with the dictum laid down by the Party Council in Hunooman Persaud Panday v. Mussumat Babooee Munroj Kaonweree 9 Moore's Indian Anneals 393 The appeal is therefore devoid of merits and it will accordingly stand dismissed. In the circumstances, we direct the parties to bear their respective costs.

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