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SAURABH SHYAM SHAMSHERY
Babau Ram – Appellant
Versus
Deputy Director of Consolidation – Respondent
| Table of Content |
|---|
| 1. overview of title dispute under u.p. consolidation act (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. status of parties has changed due to mortality (Para 7) |
| 3. arguments on the validity of findings by authorities (Para 8 , 9 , 10 , 11) |
| 4. review of judicial precedents related to mortgages (Para 12 , 13) |
| 5. determination of permissive possession and landlord rights (Para 14 , 15 , 16 , 17 , 18 , 19) |
| 6. final dismissal of the writ petition (Para 20 , 21) |
JUDGMENT
Saurabh Shyam Shamshery, J.
This writ petition involves a title dispute, arising out of objections filed under Section 9A(2) of U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as "Act, 1953").
2. On the basis of record available it is not much disputed that in basic year names of original petitioners herein were recorded having equal share on land in dispute. Original contesting-respondents have filed three sets of objections claiming their right, details thereof are as follows:
Possession of mortgagees in land disputes is deemed permissive, ceasing to be adverse post-mortgage extinguishment under relevant Acts, hence limitations governed by those acts apply.
The Court upheld that the relevant date for determining land rights is the date of vesting, and concurrent findings of authorities should not be disturbed unless proven to be perverse.
Tenancy rights remain in abeyance during the mortgage period and are not extinguished by the execution of a mortgage, allowing the tenant to claim purchase rights post-mortgage.
The court ruled that a plaintiff must establish rights through proper succession reporting and admissible evidence, and findings from criminal proceedings do not bind civil courts.
Tenancy rights remain suspended during a mortgage but are not extinguished; execution of a mortgage does not imply surrender of tenancy rights.
The main legal point established in the judgment is the automatic vesting of property in the custodian under the Evacuee Local Act and Evacuee Separation Act, leading to the extinguishment of the mor....
In a usufructuary mortgage, the right to redeem does not extinguish after 30 years; it arises only upon payment of the mortgage money.
Amendments to a suit relate back to the original filing date, but claims must still comply with limitation periods; a mortgage's nature determines the relationship of parties as debtor and creditor.
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