SAURABH SHYAM SHAMSHERY
Amar Singh – Appellant
Versus
D. D. C. – Respondent
JUDGMENT :
1. Heard Sri R.P. Tiwari, learned counsel for petitioners, Sri Man Bahadur Singh and Sri Rajeev Kumar, learned counsel for respondent No.4 and Sri Ashutosh Kumar Rai, learned Additional C.S.C. for State.
2. Facts in brief are that the disputed land are Khata No.94 area 6.47 acres and Khata No.4 area 2.01 acres situated in village-Shittalpur, Pargana-Etah Saket, District-Etah. The said village was brought under consolidation operations, wherein an objection was filed by one of original petitioners under Section 9-A(2) of U.P. Consolidation of Holdings Act, 1953 (Act of 1953) that the share of Satya Ram S/o Bhoj Raj (original respondent No.4) in land in dispute was 1/3 and it was wrongly been shown as 1/2 in basic year, which required a correction.
3. According to petitioners pedigree of parties to lis is as follows:-
Whereas per contra, the pedigree as given by respondents is as follows :-
4. The Consolidation Officer, after considering the facts, oral and documentary evidence on record vide order dated 16.08.1976, has rejected the objections set up by original respondent No.4 and maintained the basic year entry, holding him to be co-sharers of land in question, only to the ex
Dukh Haran Tewary And Ors. Vs. Dulhin Bihasa Kuer And Anr. :AIR 1963 Pat 390
The court held that succession rights require substantiated proof of parentage, emphasizing the need for reliable documentation in inheritance claims under the U.P. Consolidation of Holdings Act.
(1) Deputy Director of Consolidation has jurisdiction to interfere with finding on facts of subordinate authority only when said findings are perverse or not supported by any evidence on record or co....
The Revisional Authority must provide sound reasoning when reversing lower court findings; mere admissions without corroborating evidence are insufficient to establish claims of ownership.
Tenure Land - Once a dispute was recorded by Assistant Consolidation Officer and on objection being filed same was referred to Consolidation Officer, it is incumbent to Consolidation Officer to decid....
Reliance solely on historical land ownership entries without supporting evidence from parties can lead to erroneous conclusions, requiring a reevaluation of claims based on tangible evidence.
The court reaffirmed that mere revenue entries do not suffice to establish adverse possession, which requires demonstrable continuity, publicity, and intent to possess as owner, thus justifying the i....
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