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IN THE HIGH COURT OF ALLAHABAD
SAURABH SHYAM SHAMSHERY
Bhimsen – Appellant
Versus
Board Of Revenue – Respondent
| Table of Content |
|---|
| 1. determination of land shares based on deeds (Para 2 , 4 , 5) |
| 2. claim of error in previous calculation (Para 6 , 7 , 8) |
| 3. court's rationale for remanding the case (Para 9 , 10 , 11 , 12 , 13) |
| 4. conclusion on disposal and timeline for review (Para 14 , 15 , 16) |
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
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 ....
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