SUGAN CHAND versus THE DY. DIRECTOR OF CONSOLIDATION, DEHRADUN/SAHARANPUR, U. P. AND ORS.

SUGAN CHAND versus THE DY. DIRECTOR OF CONSOLIDATION, DEHRADUN/SAHARANPUR, U. P. AND ORS.

Consolidation authorities are required to consider and rely upon civil court findings recorded prior to consolidation notification, unless contrary evidence is presented. The Commissioner's failure to consider such findings rendered his order illegal.

Parties
Appellant: Sugan Chand; Respondents: The Deputy Director of Consolidation, Dehradun/Saharanpur, U.P. and Others
Jurisdiction
India
Judgment Date
02 December 1994
Procedural Posture
Civil Appeal / Appeal From Allahabad High Court Decision in C. Misc. W. P. No. 2372 of 1994
Outcome
Appeal allowed
Legal Topics
Effect of Consolidation Notification, Reliance on Civil Court Findings, Abatement of Suits
Land Law Civil Procedure Effect of Consolidation Notification Reliance on Civil Court Findings Abatement of Suits

Case Brief

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Parties

Sugan Chand

Appellant

The Deputy Director of Consolidation, Dehradun/Saharanpur, U.P. and Others

Respondents

Procedural Posture

Civil Appeal / Appeal From Allahabad High Court Decision in C. Misc. W. P. No. 2372 of 1994

Legal Issues

  1. 1 Whether findings recorded by civil courts prior to notification under U.P. Consolidation of Holdings Act, 1953, Section 5, are wiped out or should be relied upon by consolidation authorities

Ratio Decidendi

Consolidation authorities are required to consider and rely upon civil court findings recorded prior to consolidation notification, unless contrary evidence is presented. The Commissioner's failure to consider such findings rendered his order illegal.

Court Disposition

Appeal allowed

Orders

  • Commissioner’s order set aside
  • Commissioner directed to reconsider evidence and civil court findings, record his own findings, and decide the matter according to law