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Supreme Court of India 2019-09-17 dismissed

Sita Ram (Dead) Through Lrs vs Bharat Singh (Dead) Through Lrs. & Ors

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

A tenure holder validly sold land to a purchaser by registered deed in January 1973. Later, in March 1973, the tenure holder exchanged the remaining or another property with a third party without obtaining prior permission as required by Section 161 of the U.P. Zamindari Abolition and Land Reforms Act, 1950. The Supreme Court held that the prior valid sale deed remained binding and unaffected by the subsequent illegal exchange. Although such exchanges are voidable (not void) and could be challenged by Gaon Sabha within six years, no action was taken. The Court rejected the appellants' claim that the valid sale deed was somehow tainted by the later illegal exchange, holding that these are separate, independent transactions.

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Land Law Property Transfer Agricultural Law Statutory Construction Limitation Sale Deed Exchange Deed

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