AI Overview...
- Suit under Section 176 UPZA & LR Act - Main points: Plaintiffs filed suits for partition claiming specific shares; courts upheld their claims, and appeals were dismissed, affirming the decrees (02500033449, 02500033410).
- Legal provisions and amendments - Main points: Section 176 of the UPZA & LR Act has been replaced or amended (now Section 116 of the UP Revenue Code, 2006); the section pertains to partition of land holdings and suits related thereto (IND_HC_UPHC011425532021, 02600012050).
- Nature of suits and procedural aspects - Main points: Suits under Section 176 involve partition of land, sometimes contested on grounds like maintainability, non-joinder of necessary parties, or procedural delays. Courts have emphasized the importance of proper pleadings and impleadment (02500033410, 02500084173, 02600012050).
- Challenges and remedies - Main points: Cases have involved issues like fraudulent obtaining of decrees, setting aside decrees based on compromises, or delays in disposal, with courts emphasizing the need for expeditious proceedings and proper legal remedies under the Act and Civil Procedure Code (02500033449, 02500059470, 02500033460).
- Court's jurisdiction and interim relief - Main points: Courts have exercised jurisdiction under Article 227 of the Constitution for interim injunctions and other orders in partition suits, especially when land remains jointly recorded or disputes involve illegal acts (02500059470).
- Specific case insights - Main points: Several cases highlight the importance of proper impleadment, maintainability of suits, and the rights of parties in partition proceedings, including the role of government authorities and co-sharers (02500084173, 02600008970, 02500150793).
Analysis and Conclusion:
Suits under Section 176 UPZA & LR Act primarily concern the partition of land holdings, with courts generally favoring the enforcement of rightful shares of plaintiffs, provided procedural requirements are met. The section has undergone amendments, and courts have handled related disputes involving delays, fraudulent claims, or improper parties with an emphasis on justice and expediency. Proper legal procedure, including impleadment and clear pleadings, is crucial for the effective adjudication of such suits.
Search Results for "Suit under Section 176 Upza"
2000 0 Supreme(All) 94 • India - Allahabad
S.P.PANDEY
UPZA and LR Act - Second Appeal - Summary Fact of the Case: Plaintiff filed a suit under Section 176 of UPZA and ... The trial Court decreed the suit, which was upheld by the lower appellate Court, leading to the second appeal. ... under Section 176 of UPZA and LR Act. ... Ali Khan in stituted a suit under #HL_START....
• India - Allahabad High Court
DINESH PATHAK
Section 176 of the UPZA and LR Act (now Section 116 of the UP Revenue Code, 2006). ... Issues: Delay in the disposal of a suit for partition filed under Section 176 of the UPZA and LR Act (now Section 116 of the ... Fact of the Case: The petitioner filed a writ petition seeking the expeditious disposal of a suit fo....
2000 0 Supreme(All) 15 • India - Allahabad
RAM JANAM SINGH
provision: Section 176 of the UPZA & LR Act Fact of the Case: Plaintiffs filed suit for partition claiming 1/3 share ... Partition - UPZA & LR Act - Court upheld plaintiffs' claim to 1/3 share in the holding, dismissing defendants' appeal - Key legal ... , defendants contested, trial Court decreed suit in favor of plaintiffs, defendants appealed, appeal dismissed by Additional Commissio....
2020 0 Supreme(UK) 224 • India - Uttarakhand
SHARAD KUMAR SHARMA
Zamindari Abolition and Land Reforms Act, 1950, Sec. 176 – Partition of holdings – Suit for – Exchange of pleadings – Maintainability ... of suit – Land in question – Which was subject-matter of proceedings – In the case at hand provision and spirit of intention u/s ... Paras 17, 18 and 19) mñizñ tehankjh fouk’k ,oa Hkw&OoLFkk vf/kfu;e] 1950] /kkjk 176 ... filed under Section 176 of th....
2000 0 Supreme(All) 149 • India - Allahabad
RAM JANAM SINGH
Fraudulent Obtaining of Decree - Partition Suit - The court held that setting aside a decree passed on the basis of a compromise ... Fact of the Case: The fathers of the appellants filed a partition suit claiming 1/4th share each for the plaintiff ... The trial court decreed the suit, but after several years, an application for preparation of final decree was filed, leading to the ... Facts of the case are that Fateh Singh and others, the....
2015 0 Supreme(All) 3142 • India - Allahabad
ABHINAVA UPADHYA
Fact of the Case: The petitioner challenged the proceedings initiated under Section 176 of the UPZA&LR Act regarding ... Partition Suit - Gaon Sabha Land - The court dismissed the writ petition challenging the partition suit filed for Abadi land, ... a partition suit for Abadi land, claiming that the suit was not maintainable as the State Government was not made a nec....
2023 0 Supreme(All) 235 • India - Allahabad
UMESH CHANDRA SHARMA
Land Reforms Act, 1950 - Section 176 - Order of SDM - Share in property - Possession of property - Breach of peace - Being aggrieved ... Criminal Procedure Code, 1973 - Section 145, (1), 146, (1), 107 - Uttar Pradesh Zamindari Abolition and ... from order of SDM, revision petition has been preferred – Both orders under Sections 145 and 146 Cr.P.C. have been passed simultaneously ... In Suit No. 235 of 202....
2013 0 Supreme(All) 103 • India - Allahabad
SUNIL AMBWANI, PANKAJ NAQVI
Zamindari Abolition and Land Reforms Act, 1950—Section 176—Constitution of India, 1950—Article 227—Interim injunction—Allowed—Impleadment—Necessary ... [Paras 21, 22, 29 and 31] ... (B) Specific Relief Act, 1963—Section 40 ... trees detailed in plaint—Fixed date for framing of issues—Admittedly, land is still recorded jointly in name of co-sharers—In a suit ... The plaintiff can file suit for partition un....
2015 0 Supreme(UK) 250 • India - Uttarakhand
ALOK SINGH
No. 22/108 of 1991-92 under Section 176 of the UPZA & LR Act against the respondent nos. 3, 4 & 5, herein, for the partition claiming ... Undisputedly, in a suit for declaration filed under Section 229-B of the UPZA & LR Act jointly by the plaintiff/petitioner, herein ... No. 22/15-1987-88 under Section 229B of the U.P. Z.A & L.R.
2025 0 Supreme(All) 3122 • India - IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
MAHESH CHANDRA TRIPATHI, ANISH KUMAR GUPTA
Section 24 .
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