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MANINDRA MOHAN SHRIVASTAVA, ANIL KUMAR UPMAN
Harkishan So Prabhati – Appellant
Versus
Lallu – Respondent
| Table of Content |
|---|
| 1. background of the case appeal (Para 1) |
| 2. arguments regarding khatedari rights and revenue entries (Para 2 , 5) |
| 3. court's analysis on concurrent findings (Para 3 , 4 , 6) |
| 4. decision to dismiss the appeal (Para 7) |
JUDGMENT :
1. This appeal arises out of order dated 02.03.2021 passed by learned Single Judge, whereby, writ petition under Article 226 of the Constitution of India filed by the appellants, has been dismissed.
2. Learned counsel for the appellants would submit that, though the Trial Court recorded specific finding of fact with regard to division of khatedari rights between predecessor of the appellants and the respondents, namely Partiya and Ramsahay based on entries made in khasra dated 06.07.1971 and 17.11.1972 by which 3/4th of the land in dispute was recorded in the name of Partiya and 1/4th of the land in dispute was recorded in the name of Lallu, the First Appellate Court, Board of Revenue and learned Single Judge all have ignored that the finding passed by learned Trial Court was based on revenue entries made in revenue records and only on presumption drawn on the basis of earlier records of jamabandi, it has been held that Partiya and Lallu were havi
The Board of Revenue exceeded its jurisdiction by reversing the Revenue Appellate Authority's well-reasoned findings based solely on the non-production of evidence, which was not a deliberate act of ....
The court established that claims of land rights must be substantiated with timely action and proper documentation, and that concurrent findings of lower courts are to be respected unless there is a ....
Mutation entries in revenue record are only for a fiscal purpose and do not create any title/ownership right in favour of person in whose name mutation entry has been made.
Khatedari rights under the Rajasthan Tenancy Act are granted only to actual cultivators, not to those claiming through others without evidence of cultivation.
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