Supreme Court · 1961 INSC 168 · Decided 21 April 1961

Shah Bhojraj Kuverji Oil Mills and Ginning Factory v. Subbash Chandra Yograj Sinha

Court
Supreme Court of India
Citation
1961 INSC 168 · [1962] 2 S.C.R. 159
Case number
CIVIL APPEAL No. 49/1961
Decided
21 April 1961
Bench
T.L. VENKATARAMA AIYYAR, S.K. DAS, J.L. KAPUR, M. HIDAYATULLAH, J.C. SHAH (5-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil

Headnote

SUPREME COURt REPORTS 159 · "Were the evacuee to come back he could demand 1961 to take possession of the siteJ and so it cannot be G kh R said that the right has ceased to exist. The right 01 ;, am _ ceases only if the ocqupier leaves the village perma- custodian General nently with written statement of respondents 1 to 3 that Fakira abandoned the house only in 194 7 at the time of partition. The entire case was that Fakira had migrated to Pakistan and had abandoned the village. We are therefore of opinion that Fakira did not possess any such right in the land in -suit

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