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SAURABH SHYAM SHAMSHERY
Imdad – Appellant
Versus
D. D. C. – Respondent
| Table of Content |
|---|
| 1. details of land dispute and claims (Para 2 , 3 , 4 , 5 , 6) |
| 2. arguments on petitioners' rights and jurisdiction (Para 9 , 10 , 11 , 12 , 13) |
| 3. respondents' counterarguments on jurisdiction and legitimacy of claims (Para 14 , 15 , 16) |
| 4. court reflects on the case evidence and findings (Para 17 , 18 , 19 , 20 , 21) |
| 5. assessment of petitioners' claims against evidence (Para 22 , 23 , 24 , 25 , 26 , 27) |
| 6. final dismissal of the writ petition (Para 28) |
JUDGMENT
Saurabh Shyam Shamshery, J.
Heard Sri Rahul Mishra, learned counsel for petitioners, Sri Rajendra Kumar Ojha, Advocate for Respondent-2 and Sri Ramesh Chandra Advocate for Respondents-3 and 5.
2. In the present case, dispute is in respect of a land situated at Khata No.243 at Village:Bankat, District-Azamgarh.
3. In the basic year, undisputedly, name of one of the petitioners Imdad @ Khurtalli and Sajjad (father of original petitioner no.2) were recorded in revenue records. During consolidation proceedings, two objections were filed under Section 9 -A (2) of Uttar Pradesh Consolidation of Holdings Act, 1953 (hereinafter referred to as the "Act, 1953").
4. First objection was filed by Yasin son of Khedan and secon
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 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....
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 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.
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.
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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