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SAURABH SHYAM SHAMSHERY
Maqbool – Appellant
Versus
Mst. Baitula – Respondent
| Table of Content |
|---|
| 1. case arises from disputes under u.p. consolidation of holdings act. (Para 1 , 2 , 3) |
| 2. consolidation officer's findings were challenged on multiple occasions. (Para 4 , 5 , 6) |
| 3. consolidation officer's findings on sale deed validity. (Para 7) |
| 4. arguments presented regarding the legality of the sale deed and permissions. (Para 8 , 9 , 10 , 11 , 12) |
| 5. court's review of concurrent findings under writ jurisdiction. (Para 13 , 14 , 15) |
| 6. issues surrounding the authenticity of the alleged permission document. (Para 16 , 17 , 18 , 19) |
| 7. petitioners failed to establish grounds for interfering with authorities' findings. (Para 20 , 21) |
JUDGMENT
Saurabh Shyam Shamshery, J.
The present case is arising out of a proceeding under Section 9A(2) of U.P. Consolidation of Holdings Act, 1953 (hereinafter referred as 'Act of 1953).
2. The original petitioners before this Court have claimed their right on a share of their uncle namely, Shareef on basis of a sale deed executed by vendor (Shareef) on 23.7.1975 in their favour. The sale deed was challenged at instance of petitioner's uncle. However, since consolidation proceedings commenced, therefore, the suit was abated.
3. In the afore
The validity of a sale deed hinges on the vendor's legal capacity and compliance with statutory requirements, with courts limited to reviewing concurrent findings unless clear jurisdictional errors a....
Failure to challenge abatement order and lack of disclosure of right or title over the land in dispute led to the dismissal of the petition.
An undivided share in a joint family property cannot be sold off by one of the co-sharers without there being any partition by metes and bounds. Even if there is an assertion that an oral partition t....
Point of Law : No tenure-holder except with the permission in writing of the Settlement Officer Consolidation previously obtained shall transfer by way of sale, gift or exchange his holding or any pa....
A registered sale deed's validity is contingent on its proper registration; prior executed deeds are void if subsequent registered deeds exist for the same property.
The DDC improperly abated proceedings regarding conflicting property claims, emphasizing that consolidation authorities must adjudicate on document validity and cannot defer to civil court without ad....
Consolidation authorities cannot abate proceedings based on pending civil litigation and must consider the validity of conflicting documents, giving effect to voidable documents until a competent cou....
The Revisional Authority must provide sound reasoning when reversing lower court findings; mere admissions without corroborating evidence are insufficient to establish claims of ownership.
Petitioners' failure to timely assert their land rights bars their claim under the U.P. Consolidation of Holdings Act, 1953.
Legal proceedings initiated after the issuance of consolidation notifications are invalid under the Uttar Pradesh Consolidation of Holdings Act, 1953, as outlined in Section 5(2), and proper filing o....
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