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Supreme Court of India 2019-09-17 dismissed

SITA RAM (DEAD) THROUGH LRS vs BHARAT SINGH (DEAD) THROUGH LRS

Bench: 3 — N.V. Ramana, Mohan M. Shantanagoudar, Ajay Rastogi

In Brief

This case involved two registered transactions concerning a plot of land in Uttar Pradesh: a 1973 sale by original tenure holders to one party, followed by a 1974 exchange deed between the buyer and a third party without obtaining mandatory consent. The appellants (heirs of the original sellers) challenged the exchange as void. The Court held that under the pre-amendment law, such exchanges were voidable, not void, requiring a suit for ejectment within six years—a deadline long expired. The Court ruled that the valid sale deed transferred ownership completely, and the subsequent exchange's defect could not restore rights to parties who had already sold their interest. The appeals were dismissed.

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Land Laws Real Property Zamindari Abolition Consolidation of Holdings Contract - Exchange of Land Statutory Interpretation Administrative Law - Remedies

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