VidhiSangh

Supreme Court of India · 09/05/2017

THE TAHSILDAR, TALUK OFFJCE, THANJORE & ORS. versus G. THAMBIDURAI & ANOTJIER

[2017] 4 S.C.R. 1 · 2017 INSC 1292

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

An heir could not obtain reassignment of government bought-in land merely because a previous third-party assignment was cancelled. Preference under RSO 45(4) required proof that the original default was not wilful, resulted from circumstances beyond control and that reassignment was otherwise unobjectionable. Those conditions were unproved, and prolonged inaction defeated the claim.

Issues

  1. Whether cancellation of a third-party assignment automatically entitled the original owner’s heir to preference.
  2. Whether absence of notice justified reassignment without satisfying the prescribed conditions.

Provisions considered

Held

Result

Appeal allowed without costs; High Court judgment decreeing restoration and mutation set aside.

Judgment PDF: Supreme Court of India, [2017] 4 S.C.R. 1.