Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | U.P. Zamindari Abolition and Land Reforms Act |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | U.P. Zamindari Abolition and Land Reforms Act, 1950/U.P. Zamindari Abolition and Land Reforms (Amendment) Act, 1958: Sections 209, 210 and Section 331r/w Schedule II/Section 1(2)-Respondents 3 and 4 found to be asamis and the appellants to be in adverse possession of the plots in question-On the death of last khatedar in respect of the plots, suit for declaration and ejectment filed by the father of Respondents 3 and 4-Suit decreed by the trial court-On appeal, plaint returned by the District Judge on the ground of bar of civil courts jurisdiction-Settlement Officer apportioned the plots allotting shares to each of the appellants-Held them to be entitled to sirdari rights-Revisions preferred before the Deputy Director of Consolidation allowed holding the appellants to be asamis who cold still be ejected by filing a suit-Challenge to the said order dismissed by the High Court in the writ petition-On appeal, Held : Section 1(2) of the Amendment Act had application since the inception of the principal Act i.e. 1952-Therefore Respondents 3 and 4 acquired right to succession of the last male tenure holder-Section 331 read with Schedule II bars jurisdiction of civil courts only in respect of reliefs mentioned in Schedule II-Not every suit of declaration is barred under Section 331 of the Act-Categories of declaration which cannot be granted by the civil court mentioned against S. No. 34- F Suit filed by father of Respondents 3 and 4 does not fall under any of the aforementioned sections. |
Judge | N/A |
Neutral Citation | 2000 INSC 356 |
Petitioner | Kali Prasad And Ors. |
Respondent | Deputy Director Of Consolidation And Ors. |
SCR | [2000] Supp. (1) S.C.R. 702 |
Judgement Date | 2000-07-26 |
Case Number | 2780 |
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