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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
JASPREET SINGH
Rishipal Singh – Appellant
Versus
D.D.C. Hardoi – Respondent
JUDGMENT :
Jaspreet Singh,J.
1. Heard Shri Yogendra Nath Yadav, learned counsel for the petitioner. None has put in appearance to argue the case on behalf of the private-respondents.
2. Under challenge are the three orders passed by the consolidation courts whereby the claim of the petitioner claiming rights in respect of Khata No.6, 7 and 8, situate in village Aalapur, Pargana Mallawan, Tehsil Bilgram, District Hardoi, was rejected.
3. The disputed plots of Khata Nos.7 and 8 was recorded in the name of Raj Bahadur Singh, Lal Bahadur Singh and Smt. Shiv Kumari whereas the plots comprising of Khata No.6 was recorded in the name of Raj Bahadur Singh and Smt. Chootka in the basic year Khatauni.
4. Upon commencement of consolidation operations, Raj Bahadur Singh had filed objections stating that Smt. Chhotka did not have any share in Khata No.6 and her name was incorrectly recorded. Raj Bahadur Singh claimed his rights in the disputed Khata on the basis of adverse possession. As per Raj Bahadur Singh, he had possession of 1/4th share of the property belonging to Smt. Chhotka while he had half share in Khata No.6 and the other two persons, namely, Lal Bahadur Singh and Sheo Kumar had 1/4th s
Co-owners cannot claim adverse possession against each other; such possession must be open, hostile, and continuous, proven according to legal standards.
The court established that property was self-acquired, not ancestral, and rejected claims of adverse possession and family settlement due to lack of evidence.
Point of Law : Civil Law - Possession - A party laying his claim on basis of adverse possession in some property has to prove as to date, time and manner in which possession is converted into open, h....
Adverse possession requires continuous, open, and hostile possession, which must be proven with adequate evidence beyond mere irrigation slips.
Irrigation slips alone do not establish ownership or adverse possession; adequate evidence and lawful possession are required to substantiate claims over land.
Point Of Law: It is important to appreciate the question of intention as it would have appeared to the paper-owner. The issue is that intention of the adverse user gets communicated to the paper owne....
Right to claim title on basis of adverse possession - Any entry made on basis of adverse possession same was to be communicated to person concerned and person claiming is required to prove that it wa....
A claim of adverse possession must demonstrate clear, hostile, and continuous possession for over 12 years, supported by genuine records; incorrect or surreptitious entries do not confer any rights.
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....
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