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ALOK MATHUR
Ram Chet – Appellant
Versus
Deputy Director Of Consolidation Faizabad – Respondent
JUDGMENT :
(Alok Mathur, J.)
1. The petitioners by means of the present writ petition have assailed the order dated 08/04/1983 passed by Deputy Director of Consolidation whereby he has allowed the revision filed by respondent No. 3 and has set aside the order dated 14/04/1981 passed by the Consolidation Officer, as well as the order dated 16/01/1982 Passed by the Settlement Officer (Consolidation).
2. The facts and brief necessary for adjudication of the present case are that Khata No. 65 was recorded in the name of Jorai. On the death of Jurai proceedings under Section 12 of the Consolidation of Holdings Act, 1953 were initiated. Objections were filed by one Ram Asrey and Ram Kumar claiming themselves to the legal heirs of the deceased Jorai and prayed for deletion of name of Jorai and mutating their name in his place. It was stated that Gata nos. 107, 130, 165 and 118 name of Ram Kumar be mutated in place of the deceased and in remaining of the land owned by Jorai name of the both the applicants be mutated.
3. The focal point of the dispute in the present case is the parentage of Jaikaran, who is father of Ram Chet and Barkhu. Jorai is said to have 3 sons from 3 wives. Jaikaran wa
The court upheld the Deputy Director's finding that Jaikaran was not proven to be the son of Jorai, affecting the inheritance claims of his alleged sons.
(1) Deputy Director of Consolidation has jurisdiction to interfere with finding on facts of subordinate authority only when said findings are perverse or not supported by any evidence on record or co....
Non-compliance with evidentiary standards in determining legitimacy of adoption leads to reversal of findings regarding inheritance and property rights.
The court held that succession rights require substantiated proof of parentage, emphasizing the need for reliable documentation in inheritance claims under the U.P. Consolidation of Holdings Act.
The court affirmed the authority of the Deputy Director of Consolidation to remand cases for fresh decisions when evidence requires further inquiry, underscoring the need for thorough examination bef....
It is worthy to note that on the death of a female bhumidhar succession to holding goes not to her heirs but to "nearest surviving heir of the last male bhumidhar". In other words it is the heirs of ....
The failure to frame issues and allow evidence in property disputes violates procedural fairness, necessitating remand for proper adjudication.
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 affirmed the concurrent findings regarding co-tenancy rights and ancestral property, dismissing the writ petition due to lack of merit.
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....
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