MAHARAJ SINGH versus STATE OF UTTAR PRADESH & OTHERS

MAHARAJ SINGH versus STATE OF UTTAR PRADESH & OTHERS

The State of Uttar Pradesh maintains legal interest in lands vested in Gaon Sabha and thus is a 'person aggrieved' entitled to appeal. The High Court correctly construed 'appurtenant' land as limited to land strictly necessary for enjoyment of the relevant structures, not including larger open spaces used for hats or cattle fairs; grant of 5 yards surrounding space is legally sound.

Parties
Appellant/defendant: Maharaj Singh; Respondent No. 1/plaintiff No. 1: State of Uttar Pradesh; Respondent No. 2/plaintiff No. 2: Gaon Sabha of Bedpura; Respondent No. 3: Yogeshwar Prasad, Rani Arora
Jurisdiction
India
Judgment Date
02 November 1976
Procedural Posture
Civil Appeal / Appeal by Special Leave From the Allahabad High Court, Judgment Dated 23 5 1975 in First Appeal No. 392/64
Outcome
Appeal dismissed
Legal Topics
Locus Standi, Ejectment, Vesting of Estates, Appurtenance, State Land Resumption
Property Law Land Reforms Civil Procedure Locus Standi Ejectment Vesting of Estates Appurtenance State Land Resumption

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Parties

Maharaj Singh

Appellant/defendant

State of Uttar Pradesh

Respondent No. 1/plaintiff No. 1

Gaon Sabha of Bedpura

Respondent No. 2/plaintiff No. 2

Yogeshwar Prasad, Rani Arora

Respondent No. 3

Procedural Posture

Civil Appeal / Appeal by Special Leave From the Allahabad High Court, Judgment Dated 23 5 1975 in First Appeal No. 392/64

Legal Issues

  1. 1 Whether the State had locus standi and could be treated as a 'person aggrieved' to maintain an appeal after lands were vested in the Gaon Sabha under the U.P. Zamindari Abolition and Land Reforms Act, 1950; scope of 'appurtenance' in relation to buildings under Section 9 of the Act.

Ratio Decidendi

The State of Uttar Pradesh maintains legal interest in lands vested in Gaon Sabha and thus is a 'person aggrieved' entitled to appeal. The High Court correctly construed 'appurtenant' land as limited to land strictly necessary for enjoyment of the relevant structures, not including larger open spaces used for hats or cattle fairs; grant of 5 yards surrounding space is legally sound.

Court Disposition

Appeal dismissed

Orders

  • Appeal fails and is dismissed without costs.