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SAURABH SHYAM SHAMSHERY
Feram Singh – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Saurabh Shyam Shamshery, J.
Petitioners and respondents are real brothers and are claiming their respective shares from a sale-deed dated 02.02.1960 in regard to land in dispute situated in village- Nagla Dariyay, Mauja Salempur, Paragana Safai, District- Etawah.
2. The parties were in a cultivatory possession of their respective land. It was the case of petitioners that respondents were in possession of land in excess of their respective shares and in these circumstances, petitioners have filed an objection under Section 9 of U.P. Consolidation of Holdings Act, 1953 i.e. after about 33 years of sale-deed. The relevant part of application is mentioned hereinafter :-
3. The Consolidation Officer has considered the above referred objections and vide order dated 27.08.1994 rejected the objections mainly on the ground that petitioners were failed to explain the extra-ordinary delay of more than 30 years by any reasonable ground.
4. The petitioners being aggrieved filed an appeal before the Settlement Officer, Consolidation, Etawah and the same was rejected vide an order dated 29.12.1995 on the ground that appeal was not maintainable against the order where objections were rej
Orders and titles obtained through fraud are nullities; rightful ownership should not be barred by procedural delays attributable to such fraud.
The law of limitation must be strictly applied, and delay in filing petitions cannot be condoned without sufficient cause, especially in cases of negligence.
The law of limitation necessitates prompt legal action; extraordinary delays in appeals require compelling reasons for condonation, which were not present in this case.
The court established that excessive delay in filing title objections under the U.P. Consolidation of Holdings Act cannot be condoned, especially when the petitioner was aware of the proceedings.
The court emphasized that substantial justice prevails over technicalities in delay condonation, requiring sufficient cause to be shown for delays in appeals.
Petitioners' failure to timely assert their land rights bars their claim under the U.P. Consolidation of Holdings Act, 1953.
Inordinate delay in filing an appeal must be adequately explained; failure to do so results in dismissal of the petition.
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