JAYANT BANERJI
Ramji – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
1. The aforesaid writ petition has been filed seeking the following reliefs:-
(ii) Issue an appropriate writ, order or direction, for calling the records and quashing the order dated 19.10.2022 passed by the Board of Revenue, U.P. at Lucknow (respondent no.2) in Revision No.REV/5/2013-2014/Mirzapur (Computer Case No.R201316310051766 (Ramji and others versus Ram Chander and others (Annexure No.6))”
2. The properties in dispute are Plot Nos.1017/2 and 1018 in Village-Mulhawan (Gosaipur), Tehsil-Sadar, District Mirzapur. The case of the petitioners is that their predecessor-in-interest, namely Ganesh Prasad, was recorded to have been in possession of the plots in dispute in the khatauni of 1359 fasli. Consequent to the enactment of the U.P. Zamindari Abolition and Land Reforms Act, 1950[Act, 1950], all estates were vested in the State with effect from 01.07.1952 which corresponds to the fasli year 13
Amba Prasad v. Abdul Noor Khan [AIR 1965 SC 54 : (1964) 7 SCR 800]
Hinchlal Tiwari vs. Kamala Devi and others
Jagpal Singh vs. State of Punjab & Ors.
The burden of proof is upon the person claiming rights over the land on the basis of adverse possession to prove that the entries in the revenue record were made in accordance with the mode and manne....
A claim of adverse possession must demonstrate clear, hostile, and continuous possession for over 12 years, supported by genuine records; incorrect or surreptitious entries do not confer any rights.
The Court upheld that the relevant date for determining land rights is the date of vesting, and concurrent findings of authorities should not be disturbed unless proven to be perverse.
Irrigation slips alone do not establish ownership or adverse possession; adequate evidence and lawful possession are required to substantiate claims over land.
Adverse possession requires continuous, open, and hostile possession, which must be proven with adequate evidence beyond mere irrigation slips.
Point Of Law: It is important to appreciate the question of intention as it would have appeared to the paper-owner. The issue is that intention of the adverse user gets communicated to the paper owne....
A claimant must demonstrate lawful possession to acquire rights as 'adhivasi' or 'sirdar'; mere occupation without rights does not suffice under the U.P.C.H. Act and U.P.Z.A. & L.R. Act.
Fraudulent entries in revenue records do not confer legal rights; land designated as forest is public utility land and cannot be claimed without proper legal basis.
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