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IN THE HIGH COURT OF ALLAHABAD
SAURABH SHYAM SHAMSHERY
Bhimsen – Appellant
Versus
Board Of Revenue – Respondent
JUDGMENT :
Saurabh Shyam Shamshery, J.
1. Heard Sri Brij Bhushan Paul along with Sri Anand Prakash Paul, learned counsel for petitioner and Sri Rajiv Giri, learned counsel for respondents.
2. Present proceedings are arising out of suit for division of holdings under Section 176 of U.P. Zamindari Abolition and Land Reforms Act filed by original defendant/respondent-2 Phoolchand. Said suit was decided by a preliminary decree dated 29.11.1980 and land was partitioned in following terms :-
3. Aforesaid order was challenged by way of an appeal before Additional Commissioner, Agra Division, Agra which was dismissed and relevant part thereof is quoted below :-
4. In aforesaid circumstances, a second appeal was filed at behest of original petitioner which was partly allowed and decree of trial Court was modified on basis of following order :-
"4. From the perusal of the record. I find that the land belonged to Mauji Ram who executed a gift deed. The shares of the parties should be decided on the basis of the shares of allotted in the gift deed by Mauji Ram. It appears that the total land in the Khewat was 55.00 acres. The area in cultivation was 21.07 acres. Mauji Ram gave 1-00acre of land to
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.
Judicial review under Article 226 is limited to procedural irregularities; the court does not act as an appellate authority over quasi-judicial decisions unless glaring errors are present.
Failure to comply with procedural rules in partition cases necessitates reconsideration to ensure equitable distribution in accordance with legal principles.
The court affirmed the Consolidation Officer's decision of equal shares based on the sale deed, rejecting reliance on abated proceedings in title disputes.
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 ....
The court upheld that consent to partition proceedings precludes claims of violation of natural justice, affirming the legality of the actions taken by revenue authorities.
Admissibility of documents as evidence and burden of proof in partition cases.
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