Supreme Court · 2004 INSC 508 · Decided 10 September 2004
Situ Sahu and ORS. v. The State of Jharkhand and ORS.
- Court
- Supreme Court of India
- Citation
- 2004 INSC 508 · [2004] SUPP. 4 S.C.R. 258
- Case number
- CIVIL APPEAL No. 2414/1999
- Decided
- 10 September 2004
- Bench
- SHIVARAJ V. PATIL, B.N. SRIKRISHNA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Limitation Act Section 65
Headnote
Land Laws: Tenancy--Chota Nagpur Tenancy Act, 1908-Sections 71A & 46- C Restoration of possession to Scheduled Tribe over land unlawfully transferred­ Power under S. 71 A-Exercise of-Held: Surrender of tenancy by members of Scheduled Tribes on 7-2-1938 ,followed by settlement of land in under the Act-But no provision of law existed in 1938 under which the transfer was prohibited-Even assuming the transfer as fraudulent, D power under S. 71A to restore possession could have been exercised only within reasonable time-Restoration of possession wa! sought in 1978 after an
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