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CHANDRA KUMAR RAI
Ram Pal Singh – Appellant
Versus
Board Of Revenue – Respondent
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 his sons, namely, Natthu Singh & Jalim Singh were recorded. After death of Nathu Singh, his share was devolved upon his widow Smt. Dhropa Devi. During consolidation operation some part of the land was recorded separately in the name of Dhropa Devi and some part was recorded jointly in the name of Jalim Singh. Dhropa Devi died during life time of Jalim Singh, as such, Jalim Singh became owner of the disputed property. Nannoo Singh, Hari S
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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