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SAURABH SHYAM SHAMSHERY
Sadhu – Appellant
Versus
DDC – Respondent
| Table of Content |
|---|
| 1. overview of proceedings and findings (Para 2 , 3 , 4 , 5 , 6) |
| 2. arguments regarding possession and recordings (Para 8 , 9 , 10 , 11) |
| 3. criteria for judicial interference (Para 12 , 13 , 14) |
| 4. evaluation of existing legal documents and evidence (Para 15 , 16 , 17 , 18 , 19) |
| 5. conclusion on burden of proof and relevant case law (Para 20 , 21 , 22) |
| 6. dismissal of writ petition (Para 23) |
JUDGMENT
Saurabh Shyam Shamshery, J.
Heard Sri Sachida Nand Tripathi, learned counsel for the petitioners and Sri Ganesh Kumar, learned counsel for contesting respondents.
2. This is a case arising out of a proceedings under Section 9A (2) of Uttar Pradesh Consolidation of Holdings Acts, 1953 (hereinafter called the 'Act of 1953').
3. Father of original petitioners filed an objection that name of original respondent no.2 (Janki) was wrongly mentioned in revenue records, despite he was in possession over land in dispute.
4. The Consolidation Officer vide order dated 20.12.1972 has accepted objections filed on behalf of father of original petitioners and name of original respondent no.2 (Janki) was expunged from revenue records. Relevant finding is mentioned hereinafter:
^^cSukek 1375 Q0
Concurrent findings of fact by lower authorities can only be overturned if demonstrated to be perverse or beyond jurisdiction, reinforcing the limits of appellate review under constitutional jurisdic....
The court affirmed that factual findings by lower authorities, supported by evidence, cannot be overturned without demonstration of perversity or jurisdictional error.
The court reaffirmed that mere revenue entries do not suffice to establish adverse possession, which requires demonstrable continuity, publicity, and intent to possess as owner, thus justifying the i....
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....
The presumption of truth attached to revenue records can only be rebutted by evidence of impeccable integrity, and procedural fairness must be upheld in appeals.
Reliance solely on historical land ownership entries without supporting evidence from parties can lead to erroneous conclusions, requiring a reevaluation of claims based on tangible evidence.
Point of Law : Civil Law - Possession - A party laying his claim on basis of adverse possession in some property has to prove as to date, time and manner in which possession is converted into open, h....
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....
The presumption of correctness attached to revenue records can only be rebutted by evidence of impeccable integrity, and procedural rules regarding additional evidence must be followed during appeals....
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