CHANDRA KUMAR RAI
Kalloo – Appellant
Versus
Board Of Revenue – Respondent
| Table of Content |
|---|
| 1. petitioner's claim based on inheritance. (Para 2 , 3 , 4 , 5) |
| 2. arguments regarding jurisdiction and evidence. (Para 8 , 9) |
| 3. court's findings on factual determinations. (Para 10 , 11 , 12) |
| 4. reversal requires proper legal basis. (Para 13 , 14 , 15) |
| 5. jurisdiction to decide parentage issues. (Para 16 , 17 , 20) |
| 6. writ petition granted; reversal of board's decision. (Para 21 , 22) |
JUDGMENT
Chandra Kumar Rai, J.
Heard Sri Arvind Srivastava, learned counsel for the petitioner, Sri Prem Prakash Chaudhary, Advocate assisted by Sri Harish Chandra Singh, learned counsel for the contesting respondents and learned Standing counsel for the State-Respondent.
2. The brief facts of the case are that petitioner filed a suit No. 414 under Section 229 B/ 209 of U.P. Z.A. & L. R. Act in respect to Plot Nos. 173, 28, 29, 30, 163, 164, 167, 169, 171, 179, 145 & 33 of Village Machhariya, Tehsil Karwi, District-Chitrakut on the ground that property in dispute has been acquired by petitioner's father Ram Dass who was the sole Bhumidhar of the plot in dispute. The further ground taken in the suit was that after death of Ram Dass Smt. Dulariya, widow of Ram Dass, re-married with Ram Kish
Kedar v. Radha Krishna Mahavidyalaya 2019 (11) ADJ 490
Ram Chander Dubey v. Deputy Director of Consolidation
Sharda Devi v. Board of Revenue Allahabad
State of Uttarakhand v. Mohan Singh 2012 (10) JT 543 : 2013 (118) R.D. 9
Co-sharers must prove joint acquisition to claim rights in property; appeals filed after significant delays are not maintainable.
Review jurisdiction cannot set aside proper findings without clear error; procedural adherence is essential in appeals.
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.
Parties not involved in a second appeal lack standing to challenge the Board of Revenue's decision regarding land ownership.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.