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Supreme Court of India 2019-03-08 partly_allowed

Rakesh & Ors vs Board of Revenue U.P. & Ors. etc

Bench: 2 — Ashok Bhushan

In Brief

The Court addressed a dispute over land transfer by a Sirdar (tenant) who applied for and partially received Bhumidhar (landlord) status under the U.P. Zamindari Abolition Act 1950. For one plot where Sanad (certificate) was eventually granted, the Court upheld the sale deed executed before the grant, applying the doctrine of relation back: the Sanad relates to the date of application. For two other plots where the application was rejected and a revision was pending when a 1977 Ordinance abated all such proceedings, the Court held the sale deed invalid, as the statutory abatement negated the claim. Appeal partly allowed.

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Land Law Agricultural Law Tenure Reform Transfer of Property Constitutional Law Statutory Interpretation

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