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IN THE HIGH COURT OF ALLAHABAD
SAURABH SHYAM SHAMSHERY
Alauddin – Appellant
Versus
State Of U.P. – Respondent
JUDGMENT :
Saurabh Shyam Shamshery, J.
1. Heard Sri Brijesh Shukla, Advocate holding brief of Sri Harish Kumar Tripathi, learned counsel for the petitioners, Sri Devesh Kumar Verma on behalf of respondent no.10, Sri Sudhir Bharti on behalf of Gaon Sabha and Sri A.K.Chaurasia, learned Additional Chief Standing Counsel.
2. One Mussamt Salami had executed a registered sale deed on 6.2.1984 in favour of her three sons-in-law namely:Iddan (father of petitioners), Fazil (father of respondent nos.6, 7 and 8) and Asgar, respondent no.9 of her entire shares of her land in question on due consideration.
3. Subsequently, Fazil has executed a sale deed on 3.8.1987 in favour of Fekani (mother of petitioners) of some part of the land in question.
4. After death of Fekani, names of the petitioner were entered in the revenue records as legal heirs.
5. The petitioner nos. 1 and 2 filed a partition suit under Section 176 of Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (hereinafter called the 'Act of 1950') on 5.12.2009 for partition of aforesaid part of land in dispute being a co-sharer.
6. In the said proceedings, Halka Lekhpal submitted a Kurrafat on 17.1.2011 and according to petitioners
Failure to comply with procedural rules in partition cases necessitates reconsideration to ensure equitable distribution in accordance with legal principles.
The central legal point established in the judgment is the requirement to adhere to the principles of Rule 109 of U.P. Revenue Code Rules 2016 in the preparation of kurra, and the necessity to consid....
A party's acceptance of a report without timely objection precludes later challenges, establishing principles of estoppel in land partition disputes.
The court upheld the finality of the land partition decree, confirming that all procedural safeguards were adhered to in preparing and confirming the Kurra, thus denying the petitioners' claims again....
The main legal point established in the judgment is that land on the road should be divided amongst all the co-sharers in proportion to their share in the total land holding, as per the Haryana Land ....
Effective and accurate computation of land shares based on historical records is essential in property disputes, with courts emphasizing error correction in previous decrees.
Claims regarding land share must be substantiated by proper procedural evidence; entries in consolidation forms alone do not establish finality in disputes.
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