Lawstreet Journal

Supreme Court: Under Section 53A of the Transfer of Property Act, 1882, protection is available to a person put in possession pursuant to an agreement of lease in his favor though no lease has been executed and registered

Lawstreet Journal 19 Aug 2020 11:32pm

Image courtesy: Lawstreet Journal Judiciary Supreme Court: Under Section 53A of the Transfer of Property Act, 1882, protection is available to a person put in possession pursuant to an agreement of lease in his favor though no lease has been executed and registered

In a case where the land which belonged to Gaon Sabha Luhar Heri, Delhi. M/s. K.C. Sharma & Co. was acquired by the Government, the Gaon Sabha Luhar Heri, Delhi. M/s. K.C. Sharma & Co. claimed compensation on the ground that the Gaon Sabha had given this land to them on lease. They also added that land was granted on lease to them by the Gaon Sabha to remove the "shora" as the land was not fit for cultivation and to make the land fit for cultivation. The Civil Court, which heard the reference in this regard, held that KC Sharma & Co were entitled to compensation to the extent of 87%, and the remaining 13% is to be paid to the panchayat/Gaon Sabha. Later, a suit was filed by the Government seeking a declaration to the effect that this judgment and decree is obtained by playing fraud. The suit was decreed by the Trial Court which was later dismissed by the High Court.

In this case, the Supreme Court while agreeing with the High Court view observed that "It is fairly well settled that fraud has to be pleaded and proved. More so, when judgment and decree passed earlier by the competent court is questioned, it is necessary to plead alleged fraud by necessary particulars and the same has to be proved by cogent evidence. There cannot be any inference contrary to the record. As the evidence on record discloses that fraud, as pleaded, was not established, in absence of… Continue Reading...


Tagged: Supreme Court of India  
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