IN THE HIGH COURT OF ALLAHABAD
Chandra Kumar Rai, J.
Ram Kishore and Others – Petitioner
Versus
Deputy Director of Consolidation and Others – Respondents
Writ – B No. -3191/2022
Decided On : 13-04-2023
Adoption - Property Dispute - U.P. Z.A. & L.R. Act, U.P. C.H. Act - Section 176, Section 333, Section 4(2), Section 9-A(2), Section 5, Section 11(1), Section 48 - The court discussed the validity of the adoption deed and its admissibility, relying on Section 16 of the Hindu Adoption and Maintenance Act and previous case law. The court set aside the revisional order and remanded the matter to decide the objection afresh, emphasizing the need for proper adjudication of the adoption deed.
Fact of the Case:
The dispute relates to a property in village Majhola, Pargana+Tahsil Chandausi, District Sambhal, involving khata no. 361, plot no. 111/1M. The contesting parties are co-sharers of the land, and the case involves a series of legal proceedings under various acts, including U.P. Z.A. & L.R. Act and U.P. C.H. Act.
Finding of the Court:
The court found that there was no proper adjudication regarding the validity of the adoption deed by the consolidation authorities. It set aside the revisional order and remanded the matter back to the Consolidation Officer to decide the objection afresh, emphasizing the need for proper adjudication of the adoption deed and other issues.
Issues: The main issue revolved around the validity of the adoption deed and its admissibility in the legal proceedings. The court also considered the application of the principle of res judicata in the case.
Ratio Decidendi: The court emphasized the need for proper adjudication of the adoption deed and its validity, citing Section 16 of the Hindu Adoption and Maintenance Act and previous case law. It highlighted the requirement for the ceremony of giving and taking in adoption to be validated.
Final Decision: The court allowed the writ petition in part, setting aside the revisional order and remanding the matter back to the Consolidation Officer to decide the objection afresh, emphasizing the need for proper adjudication of the adoption deed and other issues.
JUDGMENT :
1. Heard Sri Sudhansu Pandey / Sri Manish Pandey, learned counsel for the petitioners, Sri R.C. Tiwari, learned counsel for contesting respondent no.3 and the learned standing counsel for the state respondents.
2. Brief facts of the case are that dispute relates to khata no. 361, plot o. 111/1M, area 2.68260 hectare, situated at village Majhola, Pargana+Tahsil Chandausi, District Sambhal. Land in dispute belongs to the predecessor of the petitioners and the contesting respondent no.3 who were recorded bhumidhar of plot no.111/1M, area 2.8260 hectare. In order to appreciate the controversy, the family pedigree would be relevant which is as under:-
3. One Ram Prasad, co-sharer filed Suit No.45/35/02, under Section 176 of the U.P. Z.A. & L.R. Act which was decided vide order dated 10.5.2002/3.6.2002 in which the partition has been made according to the respective share of the parties. Against the order dated 10.5.2002/3.6.2002, respondent no.3 filed a restoration application on 13.11.2007 which was allowed and the aforementioned suit under Section 176 of the U.P. Z.A. & L.R. Act has been restored to its original number. Petitioner nos. 5 & 6 challenged the order, restoring the case to its original number by Revision No.57/2013-14, under Section 333 of the U.P. Z.A. & L.R. Act, the Board of Revenue entertained the revision, summoned the L.C.R and granted an interim protection in the matter. During pendency of the aforementioned revision before the Board of Revision, the notification under Section 4(2) of the U.P. C.H. Act has been issued in respect to the disputed plot, situated in village Majhola. Accordingly, Revision No.57/2013-14 has been abated vide order dated 1.7.2021. In C.H. Form 5, the name of every co-sharer of the plot in dispute has been recorded and an objection under Section 9-A(2) of the U.P. C.H. Act was filed which was registered as Case No.355 before the Consolidation Officer and the same was decided vide order dated 24.8.2018 by which the share of each co-sharer has been determined on the basis of compromise. Against the order dated 24.8.2018, contesting respondent no.3 filed an appeal before the Settlement Officer (Consolidation) along with an application under Section 5 of the Limitation Act, the appeal was registered as Appeal No.245/2021. In appeal, respondent no.3 has claimed the title on the basis of an adoption deed executed in his favour by Tikola, sone of Sukhari @ Sukari. The Settlement Officer (Consolidation), considering the evidence on record, dismissed the appeal filed by respondent no.3 and maintained the order of the Assistant Consolidation Officer dated 24.8.2018. Against the order of the Settlement Officer (Consolidation) dated 5.10.2021, respondent no.3 filed a revision before the Deputy Director of Consolidation, under Section 48 of the U.P. C.H. Act which was registered as Revision No.555/2022. The Deputy Director of Consolidation / revisional court vide order dated 30.3.2022, allowed the revision, set aside the order dated 24.8.2018 as well as 5.10.2021 and remanded the matter back to the Consolidation Officer for a fresh decision. In compliance of the revisional order dated 30.3.2022, the Consolidation Officer has accepted the claim of respondent no.3 on the basis of the alleged adoption deed and provided 1/2 share to the respondent no.3. Against the order of the Consolidation Officer dated 24.6.2022, petitioners filed the appeal under Section 11(1) of the U.P. C.H. Act before the Settlement Officer (Consolidation). Some of the tenure holders who were parties in the proceeding before the Consolidation Officer, filed revision against the order dated 24.6.2022 before the revisional court which was numbered as Revision No.614/2022. Accordingly, the Deputy Director of Consolidation / respondent no.2 called for the record of Appeal No.328/2022, filed by the petitioners before him and converted the same into Revision No.691/2022. The Deputy Director of Consolidation vide order dated 28.
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