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SAURABH SHYAM SHAMSHERY
Nokhai – Appellant
Versus
D. D. C. – Respondent
JUDGMENT :
SAURABH SHYAM SHAMSHERY, J.
1. Heard Sri Ram Pratap Yadav, learned counsel for the petitioner and Sri Aqeel Ahmad, learned counsel for the respondents.
2. In the present case dispute arose during consolidation proceedings in regard to Khata Nos. 333 and 254 which were recorded in the basic year in the name of original petitioner (Nokhai).
3. An objection was filed by Raghubar, (original respondent no. 4).
4. Case of objectors was that land in dispute belonged to one Pheru and after his death it was inherited by Smt. Sumari being his widow who died later on in the year 1953. It was further contended by them that Smt. Sumari left behind two daughters namely Smt. Jagdei and Smt. Hardei who inherited the holding.
5. Raghubar claimed his right as heir of Smt. Hardei as her husband. Smt. Jagdei claimed her rights as daughter of Pheru and Smt. Sumari.
6. A counter objection was filed by original petitioner Nokhai claiming that land in dispute was a joint family property. He was a co-tenant with Smt. Sumari who relinquished her share in his favour in the year 1953 by an agreement. On basis of said agreement, mutation was also recorded and his name was alone recorded till the commenceme
The presumption of correctness attached to revenue records can only be rebutted by evidence of impeccable integrity, and procedural rules regarding additional evidence must be followed during appeals....
The presumption of truth attached to revenue records can only be rebutted by evidence of impeccable integrity, and procedural fairness must be upheld in appeals.
The Revisional Authority must provide sound reasoning when reversing lower court findings; mere admissions without corroborating evidence are insufficient to establish claims of ownership.
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....
Concurrent findings of fact by lower authorities can only be overturned if demonstrated to be perverse or beyond jurisdiction, reinforcing the limits of appellate review under constitutional jurisdic....
A recorded tenant's consent is essential for an unrecorded co-tenant to acquire Bhumidhari rights; absence of such consent invalidates claims to ownership.
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....
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