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SAURABH SHYAM SHAMSHERY
Ram Lal – Appellant
Versus
D. D. C. – Respondent
JUDGMENT
Saurabh Shyam Shamshery, J.
Heard Sri Sanjai Kumar Pandey, learned counsel for the petitioner and Sri Rakesh Pathak, learned counsel for respondents.
2. In present case, initially dispute was in respect of two parcel of land i.e. Gata No.361/1 area 0-2-10 and Gata No.399/1 area 0-14-10 situated in Village Nahri Tappa, now District- Siddharth Nagar, however, the petitioner has not pressed his claim in respect of Gata No.361/1-9-2-10 and, therefore, dispute remains only in respect of Gata No.399/1, 0-14-10.
3. Earlier there were proceedings between parties under Section 229-B of Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (hereinafter called the "Act of 1950"). Suit was decreed in favour of petitioner. However, during appeal thereof, since consolidation proceedings commenced, in village concerned, therefore, appeal was abated. During consolidation proceedings, objections were filed by both parties under Section 9A (2) of Uttar Padesh Consolidation of Holdings Act, 1953 (hereinafter called the "Act of 1953").
4. The case set up by original petitioner was that his father was in possession of land in dispute and after his death, he continued in possession and fo
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....
The Revisional Authority must provide sound reasoning when reversing lower court findings; mere admissions without corroborating evidence are insufficient to establish claims of ownership.
Adverse possession requires continuous, open, and hostile possession, which must be proven with adequate evidence beyond mere irrigation slips.
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....
Irrigation slips alone do not establish ownership or adverse possession; adequate evidence and lawful possession are required to substantiate claims over land.
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: 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....
Parties must show vested interest to contest consolidation proceedings; the Revisional Authority has the power to rectify procedural lapses under Section 48 of the U.P. Consolidation of Holdings Act,....
Authorities must provide adequate opportunity for parties to present their case; decisions made in haste without hearing can lead to prejudice.
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