Supreme Court · 2012 INSC 506 · Decided 2 November 2012

Gwalior Sugar CO. LTD. & ANR. v. Anil Gupta and ORS.

Court
Supreme Court of India
Citation
2012 INSC 506 · [2012] 9 S.C.R. 974
Case number
CIVIL APPEAL No. 7760/2012
Decided
2 November 2012
Bench
P. SATHASIVAM, RANJAN GOGOI (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Land Revenue Code

Headnote

MADHYA PRADESH LAND REVENUE CODE, 1959: c s. 165(1) - Transfer of land by 'Bhumiswami' - Company owning a sugar factory was granted pattas of subject land in the year 1941-42 - Transfer of a part of the subject land challenged in a writ petition under public interest litigation - Held: The company of a "pucca 0 tenant': with the coming into force of the Land Revenue Code, became 'Bhumiswami' of the land - Rights of a bhumiswami enumerated uls 165 encompass right to transfer - Right to transfer being a statutory right and the bar imposed on the right to transfer not being applicable

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