NEW DELHI: 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.
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.
The Supreme Court firmly rejected the plea, stating that the clause for perpetual service amounted to forced labour, prohibited under Article 23 of the Constitution. The bench observed that such conditions, which demanded unpaid service across generations, were not only illegal but also unconstitutional.
Bu hikaye Hindustan Times Uttarakhand dergisinin December 13, 2024 sayısından alınmıştır.
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Bu hikaye Hindustan Times Uttarakhand dergisinin December 13, 2024 sayısından alınmıştır.
Start your 7-day Magzter GOLD free trial to access thousands of curated premium stories, and 9,000+ magazines and newspapers.
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