SEVA LAL versus SRI KANT & ORS.

SEVA LAL versus SRI KANT & ORS.

There was no provision in Section 219 prior to the 1997 amendment barring the revision filed by the appellant. The amended provision of 1997 does not apply to pending revision applications already preferred under the then existing Section 219. The revision before the Board of Revenue in 1994 is maintainable under unamended Section 219.

Parties
Appellant: Seva Lal; Respondents: Sri Kant & Ors.
Jurisdiction
India
Judgment Date
03 September 2012
Procedural Posture
Civil Appeal / Supreme Court Appeal From High Court Decision
Outcome
Appeal allowed
Legal Topics
Revision Proceedings Under Uttar Pradesh Land Revenue Act, Mutation of Land Records
Land Revenue Law Revision Proceedings Under Uttar Pradesh Land Revenue Act Mutation of Land Records

Case Brief

Summary, issues, holding and outcome

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Parties

Seva Lal

Appellant

Sri Kant & Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appeal From High Court Decision

Legal Issues

  1. 1 Whether a revision under Section 219 of the Uttar Pradesh Land Revenue Act, 1901 was maintainable in 1994 before the Board of Revenue, in light of the subsequent amendment in 1997

Ratio Decidendi

There was no provision in Section 219 prior to the 1997 amendment barring the revision filed by the appellant. The amended provision of 1997 does not apply to pending revision applications already preferred under the then existing Section 219. The revision before the Board of Revenue in 1994 is maintainable under unamended Section 219.

Court Disposition

Appeal allowed

Orders

  • Order of the High Court is set aside
  • Writ Petition No. 59678 of 2009 is restored to the file of Allahabad High Court for hearing and consideration on merits