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CHANDRA KUMAR RAI
Ram Pal Singh – Appellant
Versus
Board Of Revenue – Respondent
| Table of Content |
|---|
| 1. overview of family lineage and property rights. (Para 2 , 3) |
| 2. arguments on procedural fairness and evidentiary misinterpretation. (Para 5 , 6) |
| 3. findings on adverse possession are clarified. (Para 8 , 9 , 10) |
| 4. assessment of trial court’s judgments and findings. (Para 11 , 12 , 13) |
| 5. standards for judicial interference under article 226. (Para 14 , 15 , 16) |
| 6. final decision regarding the writ petition. (Para 17 , 18) |
JUDGMENT
Chandra Kumar Rai, J.
Heard Mr. V. K. Agnihotri and Sri Binod Kumar Tripathi, counsel for the petitioners, learned Standing Counsel for respondent nos.1 & 2, Mr. K. K. Singh, counsel for respondent no.3- Gaon Sabha and Mr. Anshu Chaudhary, counsel for respondent Nos. 5, 6, 9 & 10 only.
2. Brief facts of the case are that father of petitioner nos.1 & 2, namely, Nannoo Singh and petitioner nos.3 & 4 have filed a Suit No.9 of 1982, under Section 229B / 176 of U.P.Z.A. & L.R. Act. The family pedigree has been mentioned in paragraph no.2 of the plaint, which is as follows:
3. Disputed property as mentioned in Schedule Ka and Kha in the plaint of Suit No.9 of 1982 was initially recorded in the name of Chhiddu Singh and after death of Chhiddu Singh h
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.
Co-sharers must prove joint acquisition to claim rights in property; appeals filed after significant delays are not maintainable.
The competence of the revenue court to examine the validity of the sale-deed and the burden of proof on the plaintiffs to establish the genuineness of the sale-deed.
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....
Review jurisdiction cannot set aside proper findings without clear error; procedural adherence is essential in appeals.
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