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IN THE HIGH COURT OF ALLAHABAD
JASPREET SINGH
Krishan Devi – Appellant
Versus
D.D.C. – Respondent
JUDGMENT :
Jaspreet Singh, J.
1. Heard Shri Surya Kant Singh, learned counsel for the petitioners, Shri Shikhar Anand, learned counsel appearing for the private respondent no.2 and the learned Standing Counsel for the State-respondents.
2. Under challenge is the order dated 07.11.1984 passed by the Deputy Director of Consolidation, Sitapur whereby it dismissed the revision preferred by the petitioner affirming the order passed by the Settlement Officer of Consolidation dated 09.04.1980 as a consequence the order passed by the Consolidation Officer has been affirmed.
3. The dispute relates to Khata No.624 of village Sevta, Pargana Kondri North, Tehsil Biswan, District Sitapur. Upon the commencement of the consolidation operation in the village in question, the petitioner filed their objections under Section 9 -A(2) of the U.P. Consolidation of Holdings Act, 1953 claiming rights in the said Khata being the daughter of Bihari recorded tenure holderr. The claim of the petitioner was that the disputed property in question was recorded in the name of Bihari son of Raghubar. On his death, he was survived by his widow Hardai and the petitioner who are daughters inherited the same.
4. On the ot
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.
Dismissal of prior suit for maintainability does not determine current rights, and failure to consider evidence results in perverse findings necessitating remand for proper adjudication.
(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....
Tenure Land - Once a dispute was recorded by Assistant Consolidation Officer and on objection being filed same was referred to Consolidation Officer, it is incumbent to Consolidation Officer to decid....
The court upheld the principle that the succession to property must follow the statutory order defined in the applicable act, and survivorship claims are only relevant in the absence of legal heirs.
Non-compliance with evidentiary standards in determining legitimacy of adoption leads to reversal of findings regarding inheritance and property rights.
Point of Law : A compromise having been filed before the Consolidation Officer, was not verified in terms of Rule 25A of the Rules of 1954, where it has been specifically provided that the Assistant ....
The court affirmed the concurrent findings regarding co-tenancy rights and ancestral property, dismissing the writ petition due to lack of merit.
The failure to frame issues and allow evidence in property disputes violates procedural fairness, necessitating remand for proper adjudication.
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