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SAURABH SHYAM SHAMSHERY
Shahid Hussain – Appellant
Versus
Board of Revenue U. P. – Respondent
JUDGMENT :
Saurabh Shyam Shamshery, J.
Factual Matrix
1. An agreement to sale dated 12.11.1973 was executed by father of original Respondent-4 in favour of petitioner with regard to plot in dispute i.e. plot no. 1141, area 1 acre 07 dismal, located at Village Pakbara, Tehsil and District Moradabad, for Rs. 9,000/-out of which Rs. 7,000/-was paid and possession of property was given to petitioner and rest of Rs. 2000 was required to be paid at the time of execution of sale deed.
2. Petitioner remained silent for many decades and kept waiting for execution of sale-deed and finally filed a suit for specific performance in the year 2011. The relevant relief sought in suit is mentioned hereinafter :
3. The above suit is still pending. An Amin’s report dated 16.08.2017 submitted in said suit is placed on record that the petitioner is in possession of plot in dispute.
4. In the same year original Respondent-4 has filed a suit for permanent injunction against petitioner, which is also still pending. An Amin’s report dated 30.05.2011 was submitted in said suit is also on record that petitioner has possession over plot in dispute.
5. In the same year, petitioner has also filed a suit under Section
Possession under an executory contract does not confer rights of adverse possession, as it is considered permissive rather than adverse.
The main legal point established in the judgment is the concept of adverse possession and its implications under the U.P.Z.A. & L.R. Act.
Point of Law : Both courts erred in holding that once mutation proceedings are over with no objections from defendant-appellants, they are estopped from questioning the validity of sale deed dated.
(1) Agreement to sell – Suit for Specific Performance – Decree for specific performance can be passed contingent upon grant of permission.(2) Prohibition on sale of agricultural lands – Embargo creat....
Protection under Section 53A requires the transferee to demonstrate readiness, willingness, and action towards execution of a sale deed.
Possession rights determined under applicable land reform statutes where continuous possession without eviction claims grants rights irrespective of mortgage validity.
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