In a case that involved several forgotten aspects of the country's legal and political history, the Supreme Court on Wednesday ordered the return of land that had been gifted 70 years ago, citing non-compliance with a crucial condition: life-long service.
The judgment, delivered by Justices Dhulia and PB Suresh, not only upheld the rights of the recipients but also characterized the condition as a violation of constitutional provisions against "slavery."
The case revolved around a land deed executed in 1953 by the landlord, Rai Bahadur Harnam Singh. Singh gifted 8 bighas and 8 biswas of land in Sanwalia, Rati-Rampur, to the sons of one Harbans Lal, in recognition of their life-long service. This gift came with a condition -- the recipients and their heirs were to serve the donor and his family for life.
Despite this arrangement, the matter remained unchallenged. However, in 1998, Singh's heirs filed a suit seeking to terminate the agreement and reclaim the land.
The Supreme Court firmly rejected the plea, stating that the condition amounted to perpetual service and forced labor, prohibited under Article 23 of the Constitution. The bench noted that such conditions, which entailed unpaid service across generations, were not only unconstitutional but also unacceptable.
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