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CASE B: Saroj Maheshwari v. State of Haryana & Ors.

Civil Appeal · Neutral citation not assigned (Civil Appeal Nos. 8745-8746 of 2016)Decided 2 Sept 2016
Civil Appeal Nos. 8745-8746 of 2016
Justice Anil R. Dave · Justice L. Nageswara Rao

Background

This order sends the case back; it does not decide the dispute. The case concerned land acquired in Haryana and a conflict over when possession of the land actually passed. The landowner said possession stayed with the owners until 2002-2003, while the respondents said it was taken over in 1995-1996.

Decision Breakdown

This is not a final decision on the dispute. The Court noted that the High Court had not examined the conflict over the date of possession. It set aside the High Court's order and sent the matter back to the High Court to be decided afresh after hearing the parties.

Lesson Learnt

There is no final ruling yet on the correct date of possession or on the relief that follows from it. Where a High Court has not examined a disputed fact that matters to the outcome, the case can be sent back for a fresh decision.

Official source (sci.gov.in)View Judgment (PDF)

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