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CHANDRA KUMAR RAI
Kunwar – Appellant
Versus
D. D. C. – Respondent
JUDGMENT :
1. Heard Mr. H.P. Mishra, learned counsel for the petitioners and Mr. Madhusudan Dixit, learned counsel for contesting respondent Nos.5 and 6.
2. Brief facts of the case are that in the Basic year of the Consolidation operation, Chandra Shekhar and Laxmi Shanker sons of Ram Dularey were recorded over plot of Khata Nos.5 and 13 situated in village-Shivpur, Pargana-Hathgaon, District-Fatehpur while Ram Kishore son of Ram Dularey and Vidya Sagar sons of Brij Kishore were recorded over Khata No.13. On 18.02.1975 Ram Kishore and Vidya Sagar transferred their interest in the land of Khata No.13 to petitioners by means of a registered sale deed. Chandra Shekhar and Laxmi Shanker also transferred their interest in favour of the petitioners by means of the registered sale deed dated 03.02.1975. An objection under Section 12 of U.P.C.H. Act was filed by petitioners to record their names on the basis of sale deed, the Assistant Consolidation Officer by his order dated 22.04.1975 ordered to record the names of petitioners on the basis of sale deed. Respondent No.4 Vidya Sagar filed an objection under Section 9A(2) of U.P.C.H, Act claiming right in the disputed plot but Consolidation O
The order under Section 12 of U.P.C.H. Act does not operate as res judicata in the subsequent proceedings under Section 9A(2), and the cause of action and party actions are crucial in determining the....
The court affirmed the principle that title objections must be decided on merit rather than based on previous compromises, ensuring fair opportunity for parties to present evidence.
The court ruled that title objections under the U.P. Consolidation of Holdings Act must be decided on merit, emphasizing the need for proper jurisdiction and evidence rather than relying on alleged c....
The Deputy Director of Consolidation's remand for a fresh hearing was justified to ensure fairness, given the significant delay and procedural irregularities in prior decisions.
Revisional jurisdiction under consolidation laws requires adherence to legal procedures, especially concerning time-barred claims and the provision of interim protection.
Revisions involving the same parties and disputes must be consolidated for efficient resolution under the U.P. Consolidation of Holdings Act.
The civil court's decree in an injunction suit cannot be enforced under the U.P. Consolidation of Holdings Rules, affirming the jurisdiction of consolidation authorities.
Failure to provide a hearing and frame issues as required by the U.P. Consolidation of Holdings Act renders the adjudication void.
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