ASHOK BHUSHAN, K.M.JOSEPH
DHARAM SINGH (D) THR. LRS. – Appellant
Versus
PREM SINGH (D) THR. LRS. – Respondent
Core Holding: Continuance of a person's name in revenue records after an order deleting their name from possession does not confer any rights, such as Asami rights, and without Asami rights, no Sirdari rights can arise. [judgement_subject][judgement_act_referred] (!) (!) (!) [1000629410005][1000629410008][1000629410010][1000629410011][1000629410012][1000629410014]
Land Ownership and Escheat: Badri Aswal owned agricultural land (62 Nali 1 Muthi) in Village Gyansu; after his death without issue, wife Tulsa Devi claimed adoption of Bhopalu (not mutated), died issueless pre-independence, leading to escheat to the State under then-applicable law. [1000629410019] (!) [1000629410005] (!) [1000629410015] (!) [1000629410016]
Amar Singh's Possession and Collector Order: Amar Singh managed land for Bhopalu, continued possession post-Bhopalu's death; Collector Tehri Garhwal ordered (17.04.1956) release of Tulsa Devi's land from his possession, allowing retention of only 4 Nali 1 Muthi for house, Gaushala, Sagwara; Amar Singh signed document (14.05.1956) confirming handover of rest, excluding Plot No. 719. [1000629410019] (!) (!) (!) (!) (!) [1000629410005][1000629410016] (!)
Land Acquisition and Exchange: State acquired village land for buildings, used escheated Tulsa Devi land for exchange instead of compensation; Plot Nos. 641, 719 allocated to Mor Singh (defendants' predecessor) in exchange for his acquired Plot No. 611; partition led to defendants' ownership since 24.03.1969. (!) (!) (!) [1000629410015]
Record Operations (1952-1963): Amar Singh's name appeared in possession on some Tulsa Devi plots; A.R.O. ordered (06.05.1961/01.05.1963) deletion as surreptitiously/forged entries by officials, possession already handed to Malguzar; records corrected accordingly. (!) (!) (!) (!) [1000629410007][1000629410008] (!) [1000629410010]
Asami Rights under 1960 Act Section 10(e): Asami status for those recorded as occupants immediately preceding appointed date in last revision under U.P. Land Revenue Act, 1901; Amar Singh not a recorded occupant post-deletion order, thus ineligible. (!) [1000629410006] (!) (!) (!) (!) (!) (!) (!) [1000629410007][1000629410010]
Patwari Entries (1379-1385 Fasli/1979-1985): Patwari entered Asami status w.e.f. 01.01.1974 and Sirdar rights for Plots 641, 719, 697 based on 19.12.1973 G.O.; unauthorized as Patwari lacked competence—only Assistant Collector could confer such rights; no basis without prior Asami status. (!) (!) [1000629410013] (!) (!) (!) [1000629410014]
Trial Court Decree and High Court Reversal: Trial court (13.08.1996) decreed plaintiffs' injunction suit, holding deletion order ineffective/unimplemented, entries not forged, Amar Singh retained possession/Sirdar rights; High Court (28.07.2006) reversed, ruling deletion order binding, entries surreptitious/unauthorized, no rights accrued, exchange valid, defendants in possession. (!) (!) (!) (!) (!)
Revenue Entries' Presumption: Entries presumed correct unless shown fraudulent/surreptitious; here, A.R.O. order confirmed surreptitious entry, robbing legal effect. (!) [1000629410011][1000629410012]
Supreme Court Outcome: Appeal dismissed; no merit as Amar Singh ineligible for Asami/Sirdar rights, plot validly exchanged to defendants' predecessor. [1000629410002][1000629410003][1000629410004][1000629410017][1000629410018]
JUDGMENT :
ASHOK BHUSHAN, J.
This appeal has been filed challenging the judgment dated 28.07.2006 of High Court of Uttarakhand by the appellants, who were the plaintiffs in suit No. 9 of 1992. The High Court by its judgment has allowed the first appeal filed by the defendants-respondents setting aside the judgment and decree dated 13.08.1996 of the District Judge in Suit No. 9 of 1992.
2. The brief facts of the case necessary to be noticed for deciding this appeal are:
2.1 One Badri Aswal was the owner of agricultural land in Khata/Khatauni No. 46 of Village Gyansu, District Uttar Kashi (earlier part of Tehri Garhwal) measuring a total of 62 Nali and 1 muthi. The said Badri had no issue. He married one Tulsa Devi. It is claimed that Tulsa Devi adopted one Bhopalu as her son after death of her husband but Bhopalu’s name could never be mutated in the Revenue records. Tulsa Devi died much before independence. One Amar Singh, predecessor-in-interest of appellants claimed to be looking after the affairs of Bhopalu and paying land revenue on his behalf. Bhopalu also died before independence and after death of Bhopalu, Amar Singh continued to be in possession of land belonging to Tulsa Devi.
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