Back
IN THE HIGH COURT OF ALLAHABAD
JASPREET SINGH
Shripal – Appellant
Versus
Deputy Director Of Consolidation, Unnao – Respondent
JUDGMENT :
Jaspreet Singh, J.
1. Heard Shri P. V. Chaudhary, learned counsel for the petitioner, Shri Manoj Kumar Gupta, learned counsel has put in appearance on behalf of the private respondent no.2 and the learned Standing Counsel for the State-respondents.
2. Under challenge is the order dated 09.09.2024 whereby the Deputy Director of Consolidation Unnao has disposed of two applications and objections in this regard.
3. In order to put the matter in a presepctive, it is urged by the counsel for the petitioner that the property in question belonged to one Shiv Balak, son of Kanhai. The petitioner being the real nephew of Shiv Balak claimed rights in the property on the basis of succession whereas another claim was put up by the private respondent no.2 who was the niece on the basis of an unregistered Will said to have been executed by Shiv Balak in her favour.
4. The Consolidation Officer in the first instance after hearing the parties did not accede to the evidence led by the respondent no.2 as a consequence the Will dated 08.05.1998 was held to be not proved and the objections of the private respondent no.2 were rejected upholding the claim of the petitioner.
5. The matter was escala
The court affirmed that procedural integrity mandates timely evidence submission, emphasizing the necessity for documentation to validate claims regarding the authenticity of a Will.
The court emphasized the necessity of fair representation and substantiated reasoning in administrative decisions, especially when property rights are at stake.
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....
The failure to frame issues and allow evidence in property disputes violates procedural fairness, necessitating remand for proper adjudication.
The Deputy Director of Consolidation must adhere to remand orders and consider all relevant records and admissions before making decisions regarding co-tenancy rights.
The court emphasized that rival claims based on wills must be adjudicated on merit, and technical dismissals should not prevent fair hearings.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
