Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Government grants: Resumption of land |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Government grants: Resumption of land – Suit for declaration and possession – On facts, the State of UP-respondent, through Collector, filed suit for declaration, possession and damages with respect to land that it was a government grove and presently belonging to the U.P. State Garden Department – Said grove was rent free grant of the defendant-appellant by the ruler of erstwhile Rampur State and was later resumed by the successor in 1930 and thereafter, came in the hands of the State of U.P. however, the appellant managed to get her name continued in the revenue record though her possession was removed – Plea of the appellant that they were throughout in possession and, as such, had perfected her right, title and interest on the coming of the 1952 Act; and that in a previous proceeding State acquiesced to the defendant’s title – Trial court decreed the suit in favour of the respondent – Also, in the first appeal and second appeal, the order of the trial court upheld – On appeal, held: Neither any order resuming the earlier grant nor any order of the revenue court to show that the said resumption of land had been incorporated in the revenue records was filed – Only evidence led by the respondent was filing of a true copy of Muafiat Register and the statement of PW-2, clerk working in the revenue department, which is not free from suspicion and cannot be relied upon – There was no evidence to prove the resumption of the grant – Furthermore, respondent led no evidence to establish possession since 1930 after the resumption – Courts below have proceeded on assumptions and presumptions to hold in favour of the State – Appellants had filed not only documentary evidence to prove their continuous possession but also oral evidence, which was ignored – Thus, the High Court erred in not taking into consideration the relevant material and instead relied upon inadmissible evidences – Even the burden of proof has been wrongly placed on the appellant – Thus, the order passed by the High Court is set aside and the matter is remitted to High Court – U.P. Zamindari Abolition & Land Reforms Act, 1952. |
Judge | Hon'ble Mr. Justice Vikram Nath |
Neutral Citation | 2022 INSC 707 |
Petitioner | Farooqi Begum (d) By Lrs. |
Respondent | The State Of Uttar Pradesh |
SCR | [2022] 13 S.C.R. 227 |
Judgement Date | 2022-07-12 |
Case Number | 1534 |
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