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SAURABH SHYAM SHAMSHERY
Ram Garib – Appellant
Versus
D. D. C. Azamgarh – Respondent
JUDGMENT
Saurabh Shyam Shamshery, J.
This writ petition is arising out of a proceeding initiated under Section 9A(2) of U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as "Act, 1953").
2. The dispute relates to Khata No. 2 consisting of 16 plots, area 3.447 acres and Khata No. 20 consisting of plot no. 724/3, area 295 Kadi, situate in Village Nebuwadeeh, Tehsil Burhanpur, District Azamgarh.
3. During basic year petitioner's father, namely, Baleshar was recorded in Khata No. 2 to the extent of half share and in Khata No. 20, he was recorded as a sole tenant.
4. Objections were filed before Assistant Consolidation Officer, where a compromise took place between parties and accordingly order dated 14.08.1970 was passed. The order states as under:
5. Against aforesaid order an appeal was preferred by Bansraj, i.e., Respondent-7 before Settlement Officer of Consolidation. Another appeal was filed by father of petitioner only in respect of plot no. 724/3. Both appeals were dismissed vide order dated 24.12.1971.
6. Against aforesaid order two revisions were filed, one by Bansraj and another by father of petitioner, which were allowed by Deputy Director of Consolidation vid
The Revisional Authority must provide sound reasoning when reversing lower court findings; mere admissions without corroborating evidence are insufficient to establish claims of ownership.
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....
A recorded tenant's consent is essential for an unrecorded co-tenant to acquire Bhumidhari rights; absence of such consent invalidates claims to ownership.
The court ruled that title objections under the U.P. Consolidation of Holdings Act must be decided on merit, emphasizing the need for proper jurisdiction and evidence rather than relying on alleged c....
Petitioners' failure to timely assert their land rights bars their claim under the U.P. Consolidation of Holdings Act, 1953.
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.
A recorded tenant's written consent is essential for an unrecorded co-tenant to acquire privileges under the United Provinces Agricultural Tenants Act.
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.
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