KALI PRASAD AND ORS. versus DEPUTY DIRECTOR OF CONSOLIDATION AND ORS.

KALI PRASAD AND ORS. versus DEPUTY DIRECTOR OF CONSOLIDATION AND ORS.

Civil court's jurisdiction was barred only for reliefs specified in Schedule II, not for all declarations; the appellants continued as asamis under relevant statutes, did not perfect rights by adverse possession, and respondents acquired succession rights retrospectively.

Parties
Appellants: Kali Prasad and Ors.; Respondents: Deputy Director of Consolidation and Ors.
Jurisdiction
India
Judgment Date
26 July 2000
Procedural Posture
Civil Appeal / Appeal From Allahabad High Court's Dismissal of Writ Petition
Outcome
Appeal dismissed
Legal Topics
Adverse Possession, Ejectment, Jurisdiction of Civil Courts, Succession Rights Under Land Reforms
Land Law Civil Procedure Adverse Possession Ejectment Jurisdiction of Civil Courts Succession Rights Under Land Reforms

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Kali Prasad and Ors.

Appellants

Deputy Director of Consolidation and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Allahabad High Court's Dismissal of Writ Petition

Legal Issues

  1. 1 Whether appellants acquired Sirdari rights by adverse possession after death of last khatedar
  2. 2 Whether civil court had jurisdiction for suit of ejectment and declaration of bhumidari rights
  3. 3 Effect of retrospective application of U.P. Zamindari Abolition and Land Reforms (Amendment) Act, 1958

Ratio Decidendi

Civil court's jurisdiction was barred only for reliefs specified in Schedule II, not for all declarations; the appellants continued as asamis under relevant statutes, did not perfect rights by adverse possession, and respondents acquired succession rights retrospectively.

Court Disposition

Appeal dismissed