Kundan Lal vs Roshan Lal - 1985 Supreme(All) 1227

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1985 Supreme(All) 1227

P. R. VYAS BHIMAN
Kundan Lal – Appellant
Versus
Roshan Lal – Respondent

Advocates appeared:
Mr. B.K. Gupta, Advocate, for the Revisionist; Mr. R.A. Upadhyaya, Advocate, for the Opposite Party

JUDGMENT

P.R. Vyas Bhiman, Chairman. - This revision arises in a case of demarcation. The S.D.O. by his order dated March 3, 1981 refused demarcation on the understanding that Section 41 of the U.P. Land Revenue Act is meant mainly for those cases where the boundaries of cultivated fields are broken or otherwise disturbed. It may be stated here that the present case relates to an area of Abadi land with a rice mill standing on it. The Commissioner in his appellate order dt. May 9, 1983, held the view that there is no bar of demarcation of Abadi land if the plots continued to be shown in the survey map maintained by the Collector. In this view of the matter, he set aside the order of refusal and sent the case to the S.D.O. for proceeding on merits. Hence the present revision.

2. Learned counsel for the revisionist made two main points. The first was that in the survey map the plot in question has been shown without divisions while what has been sought to be demarcated is sub-plot bearing the No. 612/1/2. The other point was that in a subsequent development the land has been declared non-agricultural under Section 143 of the U.P. Zamindari Abolition and Land Reforms Act and, therefore

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