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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

Yashchandra claimed occupancy tenant rights over 24 acres of land allegedly leased to him by Phoolchand in 1968 under an unregistered deed. The trial court dismissed the claim, finding Yashchandra lacked personal cultivating possession (cultivation was done by servants and relatives). The first appellate court allowed the appeal based on the lease document; the High Court reversed, concluding the deed was a sham and ante-dated. The Supreme Court dismissed the appeal, holding that occupancy tenant rights require actual personal cultivating possession, not cultivation through intermediaries, and an unregistered, unwitnessed, ante-dated document cannot reliably establish such rights."

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Agricultural Law Tenant Rights Land Ceiling Legislation Property Transfer Possession and Ownership Civil Procedure

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