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Supreme Court of India 2022-01-10 dismissed

Hardev Singh vs Prescribed Authority, Kashipur & Anr

Bench: 2 — Krishna Murari

In Brief

The Supreme Court dismissed the appellants' appeals challenging the dismissal of their application under the Ceiling Act. The appellants, as sub-lessees of a government-granted agricultural lease, claimed they had acquired independent tenure holder status. The Court held that sub-lessees cannot claim independent tenure rights contrary to the terms of the original government grant. Although the grant permitted sub-leasing for agricultural purposes, it did not create independent tenancy rights. The terms of the government grant have overriding effect and regulate all subsequent transfers. The Court affirmed that the appellants remain ostensible holders while the government lessee remains the real holder, and dismissed their appeals.

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Land Law Ceiling on Agricultural Land Holdings Government Grants Lease and Sub-lease Tenure Rights

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