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Yashchandra (D.) By LR’s. vs. State of Madhya Pradesh & Ors. – (SC)

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Specific Relief Act, 1963–Sec. 34–Suit for declaration of occupancy rights–View of High Court that the alleged deed was a sham transaction–Admitted fact that the plaintiff was not in possession of land–Cultivation was carried out by a servant on his behalf–Occupancy right can be given only to a person who is actually cultivating the land–Held, no error is found in the impugned judgment.