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HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW
ALOK MATHUR
Rohit Agarwal – Appellant
Versus
State Of U.P. Thru. Addl. Chief Secy. Revenue Deptt., Lko. – Respondent
JUDGMENT :
ALOK MATHUR, J.
1. Heard Sri Ajay Pratap Singh ands Sri M.E. Khan, learned counsel for petitioner as well as learned Standing Counsel on behalf of respondent Nos. 1 to 5 and Sri Mohan Singh, learned counsel for respondent Nos. 6 & 7.
2. It has been submitted by learned counsel for petitioner that a suit U/S 229B of U.P. Z.A. & L.R. Act was filed by Subhash Chandra Agarwal, the late father of the petitioner with regard to Gata No. 2630 area 10-4-0 situated at Village Badel, Paragana and Tehsil - Nawabganj, District Barabanki on 03.08.1977 and the said suit was allowed in favour of father of the petitioner by means of judgment and order dated 29.1.1979 by the Pargana Adhikari, Nawabganj, now the Sub-Divisional Officer, Nawabganj, Barabanki, it was directed that the name of Subash Chandra be recorded with regard to Gata No. 2630 in Village Badel, Paragana and Tehsil - Nawabganj, District Barabanki. Subsequent to the said judgment and order, the father of the petitioner was continued to be in occupation of the said land subsequent to which the petitioner claims to be in possession.
3. It has been submitted that the order dated 29.01.1979 could not be executed and therefore the n
Legal heirs can execute decrees on behalf of deceased predecessors under Section 146 CPC, despite not being original parties in prior proceedings.
The court reiterated that admissions in a written statement regarding property transactions create binding effects on claims of ownership, thereby restricting contesting rights based on previously es....
Transferee of property cannot execute a decree without specific assignment; execution applications barred by time must be dismissed.
The main legal point established in the judgment is that the objections raised by the JDrs. regarding the executability of the decree, including issues of limitation, maintainability, and subsequent ....
One joint decree-holder may apply for execution for the benefit of all unless expressly stated otherwise; courts can assess intent beyond strict decree wording.
The court established that restoration proceedings under the U.P. Land Revenue Act, 1901 are valid despite the enactment of the U.P. Revenue Code, 2006, emphasizing jurisdictional competence and subs....
A stranger to the proceeding has no right to file a recall application against a judgment and decree passed on the basis of a compromise.
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