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HIGH COURT OF UTTARAKHAND
SRI CHANDRA SINGH(NOW DEAD) – Appellant
Versus
ADDITIONAL CHIEF COMMISSIONER – Respondent
| Table of Content |
|---|
| 1. background of the case and parties' positions. (Para 1 , 2) |
| 2. petitioner's arguments on trial court's errors. (Para 3 , 4) |
| 3. respondents defend legality of earlier judgments. (Para 5 , 6 , 7) |
| 4. interpretation of legal provisions regarding appeals. (Para 8 , 9 , 10 , 11 , 12) |
| 5. final ruling dismissing the petition. (Para 13) |
JUDGMENT :
Pankaj Purohit, J.
1. By means of the present writ petition, petitioner has sought the following reliefs:-
(i) To call for peruse the record of the courts below and be further pleased to set aside/quash the impugned judgment and orders contained in Annexures 10.
(ii) Cost of the petition together with such alternate or additional relief as the Hon’ble court may deem fit proper be also awarded to the petitioner.
(iii) Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 28.12.1998 passed by Assistant Collector 1st Class/Pargana Adhikari Nainital in Suit No.22/210 of 1991-92 (Annexure No.18 to the writ petition), the judgment dated 28.08.2001 (Annexure No.19 to the writ petition) passed by the Additional Commissioner (Judicial) in Z.A. Appeal No.69/51 of 1998-99 (New No.78(99-2000), the judgment dat
The U.P. Zamindari Abolition and Land Reforms Act, 1950 restricts the right of appeal under Section 331 to the grounds specified in Section 100 CPC at the time of its incorporation, irrespective of s....
The main legal point established in the judgment is that the statutory scope and purpose of Section 333 of the Act, 1950 is to be availed only in those situations where no appeal lies or where an app....
The main legal point established is that for claiming a right under Section 123(1) of the Act of 1950, the claimant must prove possession and the construction of their house prior to the Act, and pro....
The court established that there is no limitation for filing a suit under Section 229-B of the U.P.Z.A. and L.R. Act, affirming the petitioners' continuous possession and rights over the disputed lan....
The main legal point established in the judgment is the application of Section 38 of the Specific Relief Act and the impact of the bar created by Section 331 of the U.P.Z.A & L.R. Act on the sustaina....
Claims of co-tenancy conflict with claims under Section 123 of the U.P. Act; the defendants failed to establish rights necessary to invoke protections under adverse possession.
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