MUNESHWAR (DEAD) BY LRS versus RAJA MOHAMMAD KHAN AND ORS.

MUNESHWAR (DEAD) BY LRS versus RAJA MOHAMMAD KHAN AND ORS.

Since the suit for possession under Section 209 was not filed within the prescribed period of limitation and possession remained continuously with the appellant, the appellant acquired sirdari rights under Section 210. The High Court erred in interfering with the concurrent findings of the consolidation authorities, and there was no legal or factual ground to justify the quashing of their orders.

Parties
Appellant: Muneshwar (Dead) By LRs.; Respondents: Raja Mohammad Khan and Ors.
Jurisdiction
India
Judgment Date
20 August 1998
Procedural Posture
Civil Appeal / Supreme Court Appeal From Allahabad High Court Judgment on Writ Petition
Outcome
Appeal allowed
Legal Topics
U.p. Zamindari Abolition and Land Reforms Act, Limitation of Suits, Consolidation Proceedings, Partition, Adverse Possession
Land Law Tenancy Law Civil Procedure U.p. Zamindari Abolition and Land Reforms Act Limitation of Suits Consolidation Proceedings Partition Adverse Possession

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Parties

Muneshwar (Dead) By LRs.

Appellant

Raja Mohammad Khan and Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appeal From Allahabad High Court Judgment on Writ Petition

Legal Issues

  1. 1 Whether appellant acquired sirdari rights by adverse possession under Section 210 of U.P. Zamindari Abolition and Land Reforms Act due to non-filing or delayed filing of suit for possession under Section 209 by respondents.
  2. 2 Whether the writ jurisdiction under Article 226 was properly exercised to overturn the concurrent factual findings of the consolidation authorities.

Ratio Decidendi

Since the suit for possession under Section 209 was not filed within the prescribed period of limitation and possession remained continuously with the appellant, the appellant acquired sirdari rights under Section 210. The High Court erred in interfering with the concurrent findings of the consolidation authorities, and there was no legal or factual ground to justify the quashing of their orders.

Court Disposition

Appeal allowed

Orders

  • Impugned judgment of the Allahabad High Court is set aside.
  • Orders of the consolidation authorities under the U.P. Consolidation of Holdings Act restored.