VidhiSangh

Supreme Court of India · 19/02/2020

VITHALDAS JAGANNATH KHATRI (DEAD) THROUGH SMT. SHAKUNTALA ALIAS SUSHMA & ORS. versus THE STATE OF MAHARASHTRA REVENUE AND FOREST DEPARTMENT & ORS.

[2020] 3 S.C.R. 913 · 2020 INSC 207

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Summary

Resolving a difference of opinion, the Supreme Court held that Maharashtra’s ceiling authorities lacked jurisdiction to declare a registered partition predating 26 September 1970 sham. The statutory fiction allowed specified later transactions to be ignored for ceiling calculations; it did not authorise a civil trial invalidating an earlier deed. The affected daughters had also not been joined to the State’s cross-objections. The Sub-Divisional Officer’s original determination was restored.

Issues

  1. Whether ceiling authorities could invalidate a registered partition executed and registered before the statutory cut-off.
  2. Whether the State’s cross-objections and non-joinder of the affected daughters supported the appellate determination.

Provisions considered

Held

Result

Appeal allowed; impugned High Court judgment set aside and Sub-Divisional Officer’s order of 7 May 1984 restored.

Judgment PDF: Supreme Court of India, [2020] 3 S.C.R. 913.