AMBA PRASAD versus ABDUL NOOR KHAN AND ORS.

AMBA PRASAD versus ABDUL NOOR KHAN AND ORS.

A person recorded as occupant in the Khasra or Khatauni for 1356 Fasli acquires adhivasi rights under s. 20 of the U.P. Zamindari Abolition and Land Reforms Act, 1950, even if actual possession is not separately proved, provided the entry was not corrected before the date of vesting. Correctness of entry cannot be questioned subsequently if not challenged/corrected before vesting. The suit was not barred by res judicata because earlier related proceedings were either initiated later or concluded for technical reasons without decision on the rights in issue.

Parties
Appellant: Amba Prasad; Respondents: Abdul Noor Khan and others
Jurisdiction
India
Judgment Date
17 April 1964
Procedural Posture
Civil Appellate Jurisdiction (appeals by Special Leave) / Appeal From Common Order of Board of Revenue, U.p., Dated February 3, 1960, in Petitions Nos. 203 to 205 of 1958 59
Outcome
Appeal dismissed with costs.
Legal Topics
Adhivasi Rights, Entry in Khasra/khatauni, Possession and Eviction, U.p. Zamindari Abolition and Land Reforms Act, 1950, Res Judicata
Land Law Tenancy Law Adhivasi Rights Entry in Khasra/khatauni Possession and Eviction U.p. Zamindari Abolition and Land Reforms Act, 1950 Res Judicata

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Parties

Amba Prasad

Appellant

Abdul Noor Khan and others

Respondents

Procedural Posture

Civil Appellate Jurisdiction (appeals by Special Leave) / Appeal From Common Order of Board of Revenue, U.p., Dated February 3, 1960, in Petitions Nos. 203 to 205 of 1958 59

Legal Issues

  1. 1 Whether entry in Khasra for 1356 Fasli not having been corrected before the vesting date precludes challenge by the appellant
  2. 2 Whether person recorded as occupant in Khasra/Khatauni for 1356 Fasli needed to prove actual possession to claim adhivasi rights under s. 20 U.P. Zamindari Abolition and Land Reforms Act, 1950
  3. 3 Whether the suit was barred by res judicata

Ratio Decidendi

A person recorded as occupant in the Khasra or Khatauni for 1356 Fasli acquires adhivasi rights under s. 20 of the U.P. Zamindari Abolition and Land Reforms Act, 1950, even if actual possession is not separately proved, provided the entry was not corrected before the date of vesting. Correctness of entry cannot be questioned subsequently if not challenged/corrected before vesting. The suit was not barred by res judicata because earlier related proceedings were either initiated later or concluded for technical reasons without decision on the rights in issue.

Court Disposition

Appeal dismissed with costs.

Orders

  • Respondents entitled to costs; one set of hearing fees.