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HIGH COURT OF JUDICATURE AT ALLAHABAD
SAURABH SHYAM SHAMSHERY
D.B. Upadhyaya – Appellant
Versus
D.D.C. – Respondent
JUDGMENT :
SAURABH SHYAM SHAMSHERY, J.
1. Present writ petition, pending before this Court for last four decades, is arising out of objections filed in consolidation proceedings u/s 9A(2) of U.P. Consolidation of Holdings Act, 1953 (for short “U.P.C.H. Act”).
2. Contesting respondents have filed objections in regard to plot nos. 1100, 4643, 1072, 3275, 883 in village Haraiya, District Azamgarh. Undisputedly, said plots were recorded in basic year in the name of Radhey Kishun Upadhyay and Shridhar Upadhyay (predecessors of present petitioner).
3. Basis of objections filed by contesting respondent-4 were that he was recorded over land in suit for substantial long time and therefore by virtue of law, he become adhivasi and sirdar being recorded in 1956-F and 1959-F, whereas petitioner has opposed said objections on substantial grounds that he is successor of Radhey Kishun Upadhyay and Shridhar Upadhyay, the original tenure holder and name of contesting respondents was recorded only as a ‘sikmi tenant’ with a note Batai Nisfi as well as that said entries were later on discontinued also and accordingly, entries were disputed being not genuine.
4. The Consolidation Officer vide a judgment dat
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.
The main legal point established in the judgment is the importance of following the mandatory procedures for recording possession in land records and the requirements for adverse possession.
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....
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....
The Court upheld that the relevant date for determining land rights is the date of vesting, and concurrent findings of authorities should not be disturbed unless proven to be perverse.
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