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Durjan Singh (Dead) Thr. LR. v. Vir Singh

Civil Appeal · 2018 INSC 791Decided 6 Sept 2018
Civil Appeal No. 53 of 2008
Justice R. Banumathi · Justice Indira Banerjee

Background

This order sends the case back; it does not decide the dispute. The dispute was whether a 1953 sale deed was in truth security for a loan covered by a 1976 Madhya Pradesh law, and who is entitled to the land.

Decision Breakdown

This is not a final decision on the dispute. The Court found that the High Court had not examined whether the 1976 Act applies retrospectively or whether the transaction fell within it. It set aside the order and sent the matter back, with status quo meanwhile.

Lesson Learnt

There is no final ruling on who is entitled to the land.

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

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