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JAYANT BANERJI
Ramji – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Jayant Banerji, J.
The aforesaid writ petition has been filed seeking the following reliefs:-
2. The properties in dispute are Plot Nos.1017/2 and 1018 in Village-Mulhawan (Gosaipur), Tehsil-Sadar, District Mirzapur. The case of the petitioners is that their predecessor-in-interest, namely Ganesh Prasad, was recorded to have been in possession of the plots in dispute in the khatauni of 1359 fasli. Consequent to the enactment of the U.P. Zamindari Abolition and Land Reforms Act, 1950, all estates were vested in the State with effect from 01.07.1952 which corresponds to the fasli year 1359.
A claim of adverse possession must demonstrate clear, hostile, and continuous possession for over 12 years, supported by genuine records; incorrect or surreptitious entries do not confer any rights.
The Court upheld that the relevant date for determining land rights is the date of vesting, and concurrent findings of authorities should not be disturbed unless proven to be perverse.
Irrigation slips alone do not establish ownership or adverse possession; adequate evidence and lawful possession are required to substantiate claims over land.
Adverse possession requires continuous, open, and hostile possession, which must be proven with adequate evidence beyond mere irrigation slips.
Point Of Law: It is important to appreciate the question of intention as it would have appeared to the paper-owner. The issue is that intention of the adverse user gets communicated to the paper owne....
Fraudulent entries in revenue records do not confer legal rights; land designated as forest is public utility land and cannot be claimed without proper legal basis.
Right to claim title on basis of adverse possession - Any entry made on basis of adverse possession same was to be communicated to person concerned and person claiming is required to prove that it wa....
The main legal point established in the judgment is the importance of following the mandatory procedures for recording possession in land records and the requirements for adverse possession.
Tenure Land - Once a dispute was recorded by Assistant Consolidation Officer and on objection being filed same was referred to Consolidation Officer, it is incumbent to Consolidation Officer to decid....
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