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IN THE HIGH COURT OF ALLAHABAD
CHANDRA KUMAR RAI
Balakram – Appellant
Versus
Board of Revenue – Respondent
JUDGMENT :
CHANDRA KUMAR RAI, J.
1. Heard Sri Surendra Pal, learned counsel for the petitioner, Sri Tarun Gaur, learned standing counsel for the state- respondents and Sri Sher Bahadur Singh, learned counsel for the respondent-gaon sabha.
2. Brief facts of the case are that petitioner’s father, namely, Sri Jamuna Prasad filed a suit under Section 229 -B of the U.P. Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as the “U.P. Z.A. & L.R. Act”) in respect to plot no.196, area 1.03, situated at village Barkhera Yasin, Tehsil Bisalpur, District Pilibhit, impleading Om Prakash, Gaon Sabha and state as defendants. Eight issues were framed including the issue relating to Section 49 of the U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the “U.P. C.H. Act”) and parties led oral and documentary evidences in support of their cases. The trial court vide judgment and decree dated 19.11.1984, decreed the plaintiff’s suit, declaring the plaintiff as bhumidhar with transferable right in respect to disputed plot. Against the judgment and decree of the trial court dated 19.11.1984, State of U.P. filed a revision before the Commissioner which was heard and
Review jurisdiction cannot set aside proper findings without clear error; procedural adherence is essential in appeals.
The Board of Revenue's judgment setting aside trial court findings was arbitrary, lacking proper legal basis and factual consideration, thus the trial court's decree was affirmed.
The court affirmed that the trial court's decree granting bhumidhari rights was valid, and the Board of Revenue acted within its jurisdiction in upholding this decision.
Review proceedings cannot be treated as an appeal; they must adhere strictly to legal standards, allowing for correction of apparent errors only, not retrials of decisions.
Parties not involved in a second appeal lack standing to challenge the Board of Revenue's decision regarding land ownership.
The longstanding possession of defendants as bhumidhars cannot be disregarded, and the Board of Revenue must adhere to factual findings of lower courts in its second appellate jurisdiction.
The court affirmed the entitlement of the petitioner to Bhumidhar rights under the U.P.Z.A. & L.R. Act, emphasizing the importance of recognizing statutory protections for marginalized community memb....
The court established that there is no limitation for filing a suit under Section 229-B of the U.P.Z.A. and L.R. Act, affirming the petitioners' continuous possession and rights over the disputed lan....
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