Saroj Maheshwari v. State of Haryana & Ors.

Supreme Court of India · 02 Sep 2016
Anil R. Dave; L. Nageswara Rao
CIVIL APPEAL NO(S). 8745-8746 OF 2016
civil appeal_allowed

AI Summary

The Supreme Court remanded a land possession dispute to the High Court for fresh consideration due to unresolved conflicting claims on the timeline of possession.

Full Text
Translation output
Page 1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S). 8745-8746 OF 2016
(ARISING OUT OF SLP(C) NOS.7710-7711/2015)
SAROJ MAHESHWARI APPELLANT(S)
VERSUS
STATE OF HARYANA & ORS. RESPONDENT(S)
JUDGMENT
ANIL R. DAVE, J.

1. Heard the learned counsel for the parties.

2. Leave granted.

3. Upon perusal of the impugned judgment, it appears that the possession of the land in question was with the owners of the land in question in 2002-2003. Whereas, as per the respondents the possession was taken over in the year 1995-1996. There appears to be some doubt, which was not examined by the High Court.

4. Therefore, we set aside the impugned orders and remand the matters to the High Court so that it can be decided afresh after hearing the parties. Page 2

5. The appeals are disposed of as allowed with no order as to costs ........................ J. [ANIL R. DAVE] ....................... J. [L. NAGESWARA RAO] NEW DELHI; SEPTEMBER 02, 2016.