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CHANDRA KUMAR RAI
Karan Singh – Appellant
Versus
State of U. P. – Respondent
| Table of Content |
|---|
| 1. case facts on property and litigation history. (Para 2 , 3) |
| 2. arguments regarding the legality of the proceedings. (Para 4 , 5) |
| 3. court's assessment of prior rulings and evidence. (Para 6 , 7 , 11) |
| 4. legal provisions governing property partition procedures. (Para 8 , 9 , 10) |
| 5. the final ruling of the court. (Para 12 , 13) |
JUDGMENT
Chandra Kumar Rai, J.
Heard Mr. Uttar Kumar Goswami, learned counsel for the petitioners, Mr. Abhishek Shukla, learned Additional Chief Standing Counsel for the State-respondents, Mr. Madhu Ranjan Pandey, learned counsel for respondent nos.4, 5, 6 & 7 and Mr. Sher Bahadur Singh, learned counsel for respondent no.8 i.e. Gaon Sabha.
2. Brief fact of the case are that one Umar was the original tenure holder / bhumidhar of Khasra No.53 area 3.092 acre, Khasra No. 120 area 0.95 acre, Khasra No. 215 area 2.74 acre, situated in Village- Rudrapur, Pargana & Tahsil- Pooranpur, District- Pilibhit and Khasara No.84 area 0.93 acre situated in Village- Loharpur, Pargana and Tehsil- Pooranpur, District- Pilibhit. The family pedigree of Umar will be relevant for perusal which is as under:-
3. On 1.8.1985, respondent Nos. 4 & 5 along with Jeewan Lal
The court upheld the finality of the land partition decree, confirming that all procedural safeguards were adhered to in preparing and confirming the Kurra, thus denying the petitioners' claims again....
The central legal point established in the judgment is the requirement to adhere to the principles of Rule 109 of U.P. Revenue Code Rules 2016 in the preparation of kurra, and the necessity to consid....
The preliminary decree under the U.P. Revenue Code is a final order determining the rights of parties, making it appealable despite being labeled interlocutory.
A party's acceptance of a report without timely objection precludes later challenges, establishing principles of estoppel in land partition disputes.
The court reiterated that admissions in a written statement regarding property transactions create binding effects on claims of ownership, thereby restricting contesting rights based on previously es....
The U.P. Consolidation of Holdings Act allows authorities to adjudicate on land rights even when a wrong provision is cited, as long as they possess the necessary jurisdiction.
Point of law: opinion Section 8 is not attracted in the case of leases of land where the purposes of the leases is to use the land for the purpose of agriculture, horticulture, pisciculture etc. It i....
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