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SAURABH SHYAM SHAMSHERY
Chandra Bali – Appellant
Versus
D. D. C. – Respondent
JUDGMENT
Saurabh Shyam Shamshery, J.
Facts of present case in brief are that -:
2. Sri Vishnu Singh, learned counsel for petitioner has referred relevant findings returned by the Appellate Authority and Revisional Authority that said Authorities have misread the evidence on record.
3. Learned counsel has further submitted that only basis on which claim of contesting respondents was accepted was outcome of a suit filed by erstwhile occupant of land wherein both petitioners and respondents were parties and claim of pla
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 claim of adverse possession must demonstrate clear, hostile, and continuous possession for over 12 years, supported by genuine records; incorrect or surreptitious entries do not confer any rights.
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 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....
Adverse possession requires continuous, open, and hostile possession, which must be proven with adequate evidence beyond mere irrigation slips.
The court upheld that concurrent findings by lower authorities on land ownership are not to be disturbed unless proven perverse, emphasizing the need for solid evidence in claims over ancestral versu....
The Revisional Authority must provide sound reasoning when reversing lower court findings; mere admissions without corroborating evidence are insufficient to establish claims of ownership.
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