Supreme Court of India
Sheela Devi vs Mohan Sarup And Ors. on 19 February, 1987
Equivalent citations: AIR1987SC1072, JT1987(1)SC486, 1987(1)SCALE422, (1987)2SCC235, 1987(1)UJ436(SC), AIR 1987 SUPREME COURT 1072, (1987) 1 JT 486 (SC), 1987 (1) UJ (SC) 436, (1987) 2 GUJ LH 74, (1987) 2 LANDLR 31, (1987) 1 SCJ 543, 1987 (2) SCC 235
Author: V. Balakrishna Eradi
Bench: S. Natarajan, V. Balakrishnan Eradi
JUDGMENT V. Balakrishna Eradi, J.
After hearing Counsel appearing on behalf of the appellant we do not find any error of law in the view taken by the High Court that the plaintiffs are entitled to a declaration to the effect that the sale deed dated May 16, 1955 executed by the first defendant in favour of the second defendant in respect of 19 Bighas and 6 Biswas of agricultural land will not affect their reversionary right and that they shall be entitled to the possession of the land in suit on the death of defendant No.1 on payment of the sum of Rs. 6,706/- to which extent alone legal necessity had been proved. The said view is not in any way inconsistent with the dictum laid down by the Party Council in Hunooman Persaud Panday v. Mussumat Babooee Munroj Kaonweree 9 Moore's Indian Anneals 393 The appeal is therefore devoid of merits and it will accordingly stand dismissed. In the circumstances, we direct the parties to bear their respective costs.