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Supreme Court of India 2018-12-07 allowed

Gopal Singh (Dead) by LRs vs Swaran Singh & Ors

Bench: 2 — R. Subhash Reddy

In Brief

The deceased defendant's legal heirs appealed against a High Court decision restoring a suit by purchasers claiming ownership of land sold under the Punjab Package Deal Properties (Disposal) Act 1976. The suit sought declaration of title and injunction against re-auction. The Supreme Court held that Section 16 of the Act bars civil court jurisdiction over challenges to final orders made by authorities under the Act. Additionally, the suit was not maintainable because proper notice under Section 80 of the Code of Civil Procedure was not given before filing. The Court allowed the appeal and dismissed the suit accordingly.

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Land Law Civil Procedure Jurisdiction of Civil Courts Administrative Law Transfer of Property

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