Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | U.P. Consolidation of Holdings Act 1953: Sections 9 11-C |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | U.P. Consolidation of Holdings Act, 1953: Sections 9, 11-C (As introduced by Act XXXV of 1974). U.P. Land Records Manual. Escheat-Land--Recorded tenure-holder- Civil death of-No heirs of recorded tenure-Holder-Claim by certain persons on the basis of Sirdari rights by adverse possession- Rejection by Deputy Director of Consolidation- Order by Deputy Director that in the absence of lawful claimant property would vest in the Gaon Sabha by escheat- Order of Deputy Director challenged before High Court-During pendency of proceedings before High Court Section 11-C introduced in the 1953 Act-New section provided for escheat even when no objection was filed by Government or Gaun Sabha- Held, it is statutory duty of all authorities to give effect to the provisions of Section 11-C even if no claim was laid by Gaun Sabha-Even though the provisions of Section 11-C were not available to the Deputy Director at the time of the decision of the revision filed before him, his order that the property should be recorded in the name of the Gaon Sabha could be sustained on the basis of the provisions of Section 11-C at the time of hearing of the writ petition and the High Court was, therefore, justified in upholding his order. Section 48-Revision-Power or Scope and extent-Powers conferred on Deputy Director to consider legality and correctness of proceedings-Held, Powers have been considered in widest terms-Power should not be exercised to disturb the findings off act unless they are perverse--Revenue records-Fictitious and forged entries-Deputy Director in such a case has full power to re-appraise and re-evaluate the evidence on record- In such a situation he can re-open the entire case and would be justified in looking into the legality of entire proceedings.Constitution of India, 1950 : Article 296 Seventh Schedule-Union List-Entry 32-State List-Entries 35 and 44. Escheat of lapse- Bona Vacantia- Real and personal estate- Want of heir or successor or rightful owner- Vesting of such a property in State Legislative History of Principle of Escheat discussed. |
Judge | Hon'ble Mr. Justice S. Saghir Ahmad |
Neutral Citation | 2000 INSC 50 |
Petitioner | Sheo Nand And Ors |
Respondent | The Deputy Director Of Consolidation Allahabad And Ors. |
SCR | [2000] 1 S.C.R. 619 |
Judgement Date | 2000-02-03 |
Case Number | 1268 |
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