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SAURABH SHYAM SHAMSHERY
Pyare Singh – Appellant
Versus
Deputy Director of Consolidation Meerut – Respondent
| Table of Content |
|---|
| 1. background of family land dispute. (Para 6 , 7 , 8 , 9) |
| 2. introduction of the writ petition. (Para 10 , 11) |
| 3. arguments regarding the validity of the compromise. (Para 13 , 14) |
| 4. counterarguments regarding settlement validity. (Para 16 , 19) |
| 5. court's analysis on legal proceedings. (Para 17 , 18 , 22) |
| 6. evaluation of evidence and legal errors. (Para 20 , 23) |
| 7. conclusion of the court's order. (Para 24 , 25) |
JUDGMENT
Saurabh Shyam Shamshery, J.
Order on Amendment Application
Amendment application filed on behalf of Respondent-3 today in Court is taken on record.
2. Heard.
3. Allowed.
4. Consequential amendment be carried out during course of the date.
Order on Writ Petition
5. Heard Sri Y.S. Bohra, learned counsel for petitioner, Sri A.C. Nishad, learned Standing Counsel for State-Respondents and Ms. Pooja Agarwal, Advocate for Respondent-3.
6. This writ petition is pending before this Court since 1979. The parties to litigation belongs to one family.
7. Shiv Lal son of Kidda died leaving behind a registered Will dated 23.05.1969 and the Will is apparently not in dispute. A dispute arose between parties with regard to land and two proceedings were initiated under Se
A judgment obtained by fraud or collusion does not operate as res judicata and is not binding on the parties to the proceedings. Such a judgment can be avoided in subsequent proceedings by a party ab....
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,....
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....
Court upheld findings of lower authorities stating that the inability to prove family partition and validity of respondents' title under the U.P. Zamindari Abolition and Land Reforms Act prevailed, e....
The failure to frame issues and allow evidence in property disputes violates procedural fairness, necessitating remand for proper adjudication.
The main legal point established in the judgment is that the amendment of pleadings under Order VI Rule 17 of the CPC should be allowed only if it is necessary to determine the real issue in controve....
Rights in land cannot be conferred through compromises without establishing ancestral property status, rendering such agreements unlawful.
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