Babu Lal & Ors v. Gram Panchayat, Deroli Jat & Ors

Supreme Court of India · 14 Mar 2008
Tarun Chatterjee; Harjit Singh Bedi
Civil Appeal No.2529 of 2006
civil other

AI Summary

The Supreme Court allowed corrections in the judgment concerning the loss of right of redemption under the 1961 Act and restoration of the suit, affirming procedural and substantive legal positions.

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http://JUDIS.NIC.IN SUPREME COURT OF INDIA
CASE NO.:
Appeal (civil) 2529 of 2006
PETITIONER:
BABU LAL & ORS
RESPONDENT:
GRAM PANCHAYAT, DEROLI JAT & ORS
DATE OF
JUDGMENT
: 14/03/2008
BENCH:
TARUN CHATTERJEE & HARJIT SINGH BEDI
JUDGMENT:
JUDGMENT
O R D E R
I.A.No.2
IN
CIVIL APPEAL NO.2529 OF 2006
Heard learned counsel for the parties.
IA for correcting a few typographical mistakes in the judgment dt.31.10.2007 is allo wed.
The following corrections be carried out in the Judgment :-

1. Para 2 at page 3 (10th line) The line starting from "Section 443 of 1961 Act................ could not be distu rbed" be read as "Section 4(3) of 1961 Act................".

2. Para 2 at page 3 The 2nd last line ".....Gram Panchayat has not redeemed the suit land thus right of redemption has been lost" be read as "Mortgagors have not redeemed the suit land thus the ri ght of redemption has been lost."

3. Para 2 at page 3 (last line) The line "The Trial Court dismissed the suit" be read as "The Trial Court decreed the suit"

4. Para 4 at page 6 (7th line) In the 7th line at page 6 starting from "It is relevant to point out that th ough the Civil Judge, Mahendergarh had set aside the judgment and decree dated 3.2.1990 as well as the subsequent confirmation order dated 28.7.1992 of the Dist. Judge........" the words "judgmen t and decree dated 3.2.1990 be read as "judgment and decree dated 3.2.92".

5. Para 4 at page 6 (3rd line from bottom) In the line starting from "The effect of the direction of the Additional Dist.Judge is that Civil Suit No.267/2000/1992 filed on 28.10.1992 is now restored and the additional sub-Judge is to try the case from the stage existed on 28.11.1991", date 28.11.1991 be read as "28.10.1992".