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Supreme Court of India 2017-04-19 dismissed

Chhedi Lal Yadav and others vs Hari Kishore Yadav (D) Thr. Lrs. and others

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

This appeal concerns a claim for restoration of land under the Bihar Kosi Area (Restoration of Lands to Raiyats) Act, 1951. The land was sold at auction in 1942. The appellants filed their first restoration application 33 years later in 1975, and after that appeal was dismissed in 1983, they filed a second application 16 years later in 1999. The Supreme Court held that even though the statute prescribes no limitation period, applications must be filed within a reasonable time. The extraordinary delay, coupled with the land changing hands in good faith, meant the appeal was dismissed. The Court held that beneficial legislation does not override the requirement of reasonable time or justify ignoring third-party rights acquired during long periods of inaction.

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Land Law Statutory Limitation Reasonable Time Doctrine Beneficial Legislation Procedural Law

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