Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Substantial question of law Section 100 CPC Second appeal Consolidation Officer |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Civil Procedure, 1908:s.100- Second appeal- Substantial question of law - High Court has committed a grave error in procedure and failed to discharge its duty by framing substantial question of law and setting aside the judgment and decree of first appellate court- It is a fit case to restore the judgment and decree passed by first appellate court wherein it declared that appellant was the son of the grand-son of respondent's paternal grand-father thereby holding that the order passed by the Consolidation Officer is void and illegal - Judgment of High Court set aside and that of first appellate court restored.Suit:Suit claiming title to suit properly and for declaration - Plaintiff's case that order of Consolidation Officer was obtained by fraud- Held: Order of Consolidation Officer was obtained on the basis of fraud by defendants- Consolidation Officer has also committed fraud on appellant, by accepting withdrawal of his objection and not going into the issue whether he is the rightful heir; with a right in half-share of suit properly - Suit was not barred by s.331 of U.P Zamindari Abolition and Land Reforms Act nor u/s 49 of Consolidation of Holdings Act as it was a suit for possession based on title involving question of 'sonship', which was not within the jurisdiction of authorities under the two Acts - Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950- s.331 - Uttar Pradesh Consolidation of Holdings Act 1953 - s. 49 - Jurisdiction - Fraud.Property Law:Agricultural land - Held: When trial court, on the basis of the evidence on record, has held that it was proved that the appellant was the son of the grandson of respondent's paternal grandfather, then automatically the court should have given half the portion of the suit land to him along with defendant -Right of appellant cannot simply be extinguished because of defendants' plea that he has entered into a compromise - Defendants have taken undue advantage of appellant's illiteracy and Consolidation Officer has abdicated his role by allowing the objection of appellant to be withdrawn and by not examining whether or not appellant was indeed the son of defendant's grandfather - Order of the Consolidation Officer is thus bad in law and it has resulted in a grave miscarriage of justice - Order of Consolidation Officer is declared as null and void on grounds of patent illegality and acting with legal malice - Appellant is entitled to be recorded in the revenue records as half share owner of the land in dispute - Competent authority is directed to record the name of appellant in revenue records as half share owner of the land in dispute. |
Judge | Hon'ble Mr. Justice V. Gopala Gowda |
Neutral Citation | 2014 INSC 304 |
Petitioner | Amar Nath |
Respondent | Kewla Devi &anr. |
SCR | [2014] 14 S.C.R. 677 |
Judgement Date | 2014-04-22 |
Case Number | 1918 |
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