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
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)