Back
CHANDRA KUMAR RAI
Allahabad Development Authority – Appellant
Versus
Board of Revenue Allahabad – Respondent
JUDGMENT
Chandra Kumar Rai, J.
Heard Mr. Arun Kumar, learned Counsel for the petitioner, Mr. M.D. Mishra, learned counsel assisted by Mr. Ramesh Chandra Shukla, learned counsel appearing for respondent No.8 and Mr. Raj Kumar Singh, learned Standing Counsel for the State-respondents.
2. Brief facts of the case are that a suit under Section 229-B of U.P. Zamindari Abolition and Land Reforms Act 1950 hereinafter shall be referred as "U.P.Z.A.&L.R. Act" filed by Ram Chandra and Anjani Lal sons of Mahabir impleading Nagar Mahapalika Allahabad & State of U.P. as defendants claiming bhumidhari right over plot No. 297 area 2-2-10 of Khata No-354 situated in village - Phaphamau, Pargana & Tahsil - Soraon, District Allahabad. The aforementioned Suit No. 21/64 was registered as suit No.2/64 before Sub Divisional Officer, Soraon, Allahabad and issues were framed in the suit. The aforementioned suit was decreed by trial court vide judgment & decree dated 7.4.1994 expunging the entry of banjar in respect to disputed plot and holding that plot in dispute is ancestral property of plaintiff. Gaon Sabha applied for restoration /recall after about nine years on 3.9.2003 along with the prayer for condon
The court affirmed that the trial court's decree granting bhumidhari rights was valid, and the Board of Revenue acted within its jurisdiction in upholding this decision.
The court established that there is no limitation for filing a suit under Section 229-B of the U.P.Z.A. and L.R. Act, affirming the petitioners' continuous possession and rights over the disputed lan....
The authority's order beyond jurisdiction is void; the previous order remains intact while directing a merits-based decision on the pending application.
The Board of Revenue's judgment setting aside trial court findings was arbitrary, lacking proper legal basis and factual consideration, thus the trial court's decree was affirmed.
Review jurisdiction cannot set aside proper findings without clear error; procedural adherence is essential in appeals.
Rights of gram panchayat - There is no absolute right given to Gram Panchayat with regard to ownership of property and that vesting is only confined to direction, management and control and that too,....
Proper issue framing and evidence assessment are essential in land rights claims; failure to do so necessitates remand for lawful adjudication.
Co-sharers must prove joint acquisition to claim rights in property; appeals filed after significant delays are not maintainable.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
