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Top court quashes plea to reclaim land gifted 70 years ago
Hindustan Times Mumbai
|December 13, 2024
In a case that brought to life several forgotten aspects of the country's legal and sociopolitical history, the Supreme Court on Wednesday quashed a claim to take back a piece of land gifted 70 years ago on grounds of non-compliance with an unusual condition: lifelong, unpaid service.
NEW DELHI:
The verdict, delivered by justices Sudhanshu Dhulia and PB Varale, not only upheld the rights of the recipients but also struck down the condition as a blatant violation of constitutional protections against exploitation and "slavery".
The dispute, which had its origins in 1953, revolved around a unique oral gift deed executed by a Punjab landlord, Rai Bahadur Randhir Singh. Singh had gifted 38 bighas and 8 biswas of land to Sanwalia, Ratiram and Sheochand, sons of one Chhailu, in recognition of their services. The gift came with a peculiar condition -- the recipients and their heirs were to continue serving the donor and his descendants for life.
For decades, the arrangement appeared unchallenged. However, in 1998, Singh's heirs, dissatisfied with the cessation of services, filed a suit seeking to revoke the gift and reclaim the land.
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