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Supreme Court of India 2017-09-20 dismissed

Yashchandra (D) by Lrs vs State of Madhya Pradesh & Ors

Bench: 2 — Deepak Gupta

In Brief

The case involved a claim by Yashchandra that he had become an occupancy tenant of agricultural land through a 1968 lease deed from Phoolchand. The trial court dismissed the suit, but the first appellate court allowed it, holding the lease valid. The High Court reversed, finding the deed a sham and the plaintiff not in possession. The Supreme Court affirmed, holding that occupancy rights require personal cultivating possession, not possession through servants or relatives. The unregistered, ante-dated, and unattested document could not establish valid rights, as it could be easily manipulated. The plaintiff's own admission that he was not in personal possession defeated his claim."

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Agricultural Law Ceiling on Holdings Occupancy Rights Tenancy Civil Procedure Evidence Property Law

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