VIRENDRA NATH THR. P.A. HOLDER R.R. GUPTA versus MOHD. JAMIL AND ORS.

VIRENDRA NATH THR. P.A. HOLDER R.R. GUPTA versus MOHD. JAMIL AND ORS.

Claimant's possession was permissive as mortgagee and not adverse; there is no evidence that possession became adverse to the knowledge of the original owner, thus claimant not entitled to be recorded as Sirdar under Section 210 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950.

Parties
Appellant: Virendra Nath thr. P.A. Holder R.R. Gupta; Respondents: Mohd. Jamil and Others
Jurisdiction
India
Judgment Date
14 July 2004
Procedural Posture
Civil Appeal / Judgment on Appeal Against High Court Order
Outcome
Appeal allowed
Legal Topics
Adverse Possession, Land Records, Mortgagee Rights, Uttar Pradesh Zamindari Abolition and Land Reforms Act, U.p. Consolidation of Holdings Act
Property Law Adverse Possession Land Records Mortgagee Rights Uttar Pradesh Zamindari Abolition and Land Reforms Act U.p. Consolidation of Holdings Act

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Parties

Virendra Nath thr. P.A. Holder R.R. Gupta

Appellant

Mohd. Jamil and Others

Respondents

Procedural Posture

Civil Appeal / Judgment on Appeal Against High Court Order

Legal Issues

  1. 1 Whether the claimant can be recorded as Sirdar on the basis of alleged adverse possession when prior possession was as mortgagee.
  2. 2 Admissibility of oral and collateral evidence to ascertain nature of possession.
  3. 3 Whether possession of a mortgagee can ripen into adverse possession without clear repudiation to owner's knowledge.

Ratio Decidendi

Claimant's possession was permissive as mortgagee and not adverse; there is no evidence that possession became adverse to the knowledge of the original owner, thus claimant not entitled to be recorded as Sirdar under Section 210 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950.

Court Disposition

Appeal allowed

Orders

  • Judgment of the High Court of Allahabad dated 07.08.1997 is set aside.
  • Revisional order dated 10.2.1975 of Deputy Director, Consolidation is restored.