VidhiSangh

Supreme Court of India · 06/05/2019

RANDHIR KAUR (DECEASED) THROUGH HER LRS. versus BALWINDER KAUR & ORS.

[2019] 7 S.C.R. 234 · 2019 INSC 627

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Summary

An unauthorised exchange diverting gifted school land into the Principal’s private ownership was held collusive and illegal. The appellate courts had overlooked the donor’s alternative claim to preserve the school’s ownership while focusing only on her unsuccessful personal possession claim. No duly proved society resolution authorised the exchange, and the school remained on the same site while being made a rent-paying lessee. The exchange and revenue entries were set aside and the school’s name restored.

Issues

  1. Whether the donor’s alternative claim protecting the school’s ownership had been wrongly overlooked.
  2. Whether the Principal and President validly exchanged the gifted school property.

Held

Result

Appeals allowed. Purported 1988 exchange and corresponding Jamabandi entries quashed; revenue authorities to restore Doaba Public School as owner. Respondents to pay appellants Rs.1 lakh costs within twelve weeks and report compliance to the Supreme Court.

Judgment PDF: Supreme Court of India, [2019] 7 S.C.R. 234.