Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Land Reforms: Uttar Pradesh Zamindari Abolition and Land Reforms Act- ss.209 & 210 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India U.p. Zamidari Abolition and Land Reforms Act, 1950 (1 of 1951) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Land Reforms: Uttar Pradesh Zamindari Abolition and Land Reforms Act- ss.209 & 210- Decree of eviction against respondent in suit under s.209 of the U.P.Z.A & L.R. Act - Execution application rejected as time barred - Decree holders sold disputed land to appellant who got land mutated in his name - Objection by respondents u/s. 9A(2) of the UP Consolidation of Holdings Act to mutation and claim for ownership by virtue of adverse possession - Objection rejected by Consolidation Officer - But upheld in appeal by Settlement Officer - Dy. Director set aside order of Settlement Officer - Respondents filed writ petition before High Court which restored order of Settlement Officer- On appeal, Held: Finding of Consolidation Officer that respondents were unable to prove their continuous possession for 12 years and on the contrary appellant was in possession, was conclusive - High Court erred in overlooking this finding and in holding that respondents would be deemed to be in possession simply because execution application was rejected as time barred - High Court erred in not giving proper consideration to plea of appellants that respondents had voluntarily handed over possession to decree holders and for that reason the decree was not put in execution in time - UP Consolidation of Holdings Act- s. 9A(2) - Constitution of India, 1950 - Art. 226 -Adverse possession. |
Judge | Hon'ble Mr. Justice Aftab Alam |
Neutral Citation | 2008 INSC 28 |
Petitioner | Mazhar Hassan |
Respondent | Gangu Singh And Ors. |
SCR | [2008] 1 S.C.R. 404 |
Judgement Date | 2008-01-09 |
Case Number | 186 |
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