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SAURABH SHYAM SHAMSHERY
State Of U. P. – Appellant
Versus
Board Of Revenue – Respondent
JUDGMENT :
(Saurabh Shyam Shamshery, J.)
1. Heard S/Sri Sudhanshu Srivastava and R.K. Tiwari, learned A.C.S.C. along with Sri Anshul Nigam, learned Standing Counsel for State-petitioners and S/Sri S.G. Hasnain and H.R. Mishra, learned Senior Advocates assisted by S/Sri Syed. Mohd. Fazal, Abhishek Tandon, Dhiraj Pandey, learned advocates for respondents in writ petition and S/Sri S.G. Hasnain and H.R. Mishra, learned Senior Advocates assisted by S/Sri Syed. Mohd. Fazal, Abhishek Tandon, Dhiraj Pandey, learned advocates for appellants and S/Sri Sudhanshu Srivastava and R.K. Tiwari, learned A.C.S.C. along with Sri Anshul Nigam, learned Standing Counsel for State- respondents in First Appeal From Order.
2. Above referred two cases are arising out of same land in dispute, therefore, with consent of learned advocates for rival parties, both cases are being decided by a common judgment.
3. State of U.P. has preferred Writ Petition No. 1633/2023 wherein an order dated 01.05.2018 passed in Revision No. 1640/2017 by Board of Revenue, U.P., Lucknow filed by three appellants/contesting respondents (out of them 2 have filed the connected FAFO No. 793/2024) is challenged. The details of land in disp
In disputes over land title, interim injunctions are not maintainable if the title is highly disputed, necessitating resolution through comprehensive suits for declaration of title.
Possession follows title; entries in revenue records do not confer ownership. A suit for injunction is maintainable without seeking declaration of title when possession is established.
Tenancy – Mere entry of a non-occupancy tenant is not sufficient to determine tenancy and court has to look to column of rent to determine whether tenancy existed or not.
The Government Grants Act supersedes the U.P. Tenancy Act, confirming plaintiffs' occupancy rights and allowing for ejectment of defendants as sub-tenants.
The main legal point established in the judgment is the importance of evidence of possession and title in a suit for permanent injunction, the principles of granting preventive relief and perpetual i....
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.
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