Supreme Court Upholds High Court’s Decision, Dismisses Appeal Over Land Allotment
In a significant ruling, the Supreme Court of India has dismissed the appeals filed by Purushottam Bagh Sahkari Awas Samiti Ltd., thereby upholding the High Court’s judgment dated 17th July 2023. The apex court found no merit in the society’s allegations against the late Krishna Pal Singh and his successors, Sri Shobhan Pal Singh and Anr., regarding the violation of the society’s bye-laws in a land allotment case.
The society had alleged that Krishna Pal Singh obtained the land by submitting a false affidavit, claiming he did not own any property in the area of the society’s operation. However, the Supreme Court noted that the society failed to provide any evidence to substantiate its allegations.
The judgment, delivered by a bench comprising Justices Abhay S. Oka and Pankaj Mithal on September 4, 2023, emphasized that the burden of proof lay with the society to prove the violation of its bye-laws. The court found that the society had not met this burden and thus dismissed the appeals with no orders as to costs.
The case had initially gone through arbitration, where an award was made declaring the sale deed null and void. This award was later challenged in the High Court, which set aside both the award and the appellate order, leading to the society’s appeal in the Supreme Court.
The ruling is seen as a significant affirmation of the importance of providing substantial evidence when challenging property allotments, especially in cooperative societies.
Date of Decision: SEPTEMBER 04, 2023
PURUSHOTTAM BAGH SAHKARI AWAS SAMITI LTD. vs SRI SHOBHAN PAL SINGH AND ANR. ETC.
