Dismissed

Ram Anjor and Others v. Gram Sabha Badgaon Thru. Pradhan, Gram Sabha Badgaon, Amethi and Another

Allahabad HC10 Jan 2024/6/2024

Case brief

AI extract

What is this about?

Second appellant challenged the dismissal of a civil suit for permanent injunction. The appellate court found appellants failed to prove possession of disputed land prior to 1950. This Single Judge upheld the appellate finding, noting witnesses could not establish pre-1950 possession and reverted the decree, dismissing the appeal.

What did the court decide?

The appeal and the second appeal were dismissed.

Ram Anjor and Others Vs Gram Sabha Badgaon Thru… — Property and Title | Allahabad HC (2024)

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.Neutral Citation No. - 2024:AHC-LKO:2561

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Court No. - 4

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Case :- SECOND APPEAL No. - 6 of 2024

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Appellant :- Ram Anjor And Others Respondent :- Gram Sabha Badgaon Thru. Pradhan, Gram Sabha Badgaon, Amethi And Another Counsel for Appellant :- Farhat Jamal Siddiqui

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Hon'ble Rajnish Kumar,J.

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Heard Ms. Farhat Jamal Siddiqui, learned counsel for the appellants.

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Learned counsel for the appellants submits that the appellants had filed civil suit for permanent injunction claiming the land in dispute as sahan land of the plaintiffs, which was settled under Section 9 and Section 7 A A of the U.P. Zamindari Abolition and Land Reforms Act 1950. The suit was decreed in favour of the plaintiffs. The appeal was filed by the Gaon Sabha and the State as the land in dispute is being claimed by the Gaon Sabha. The D.W. 1 i.e. the concerned Lekhpal had stated in his evidence that the land in dispute is in possession of the appellants and they are using it as their sahan land but without considering the evidence of D.W.1, the appellate court allowed the appeal and dismissed the suit filed by the plaintiffs. Therefore the appellants are constrained to approach this Court.

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Having considered the submission of learned counsel for the appellants, I have perused the records.

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The appellate court after considering the pleadings, evidence of the parties and the relevant provisions of U.P. Zamindari Abolition and Land Reforms Act,1950 came to the conclusion that the appellants have failed to prove that the land in dispute was in possession of the appellants since prior to applicability of the aforesaid Act in 1950. The appellant no.1 Ram Anjor had appeared as P.W.1, who had stated that he is residing in his in-laws house (Sasural) for the last 50 years. The evidence was recorded on 04.10.2012, therefore he must have been residing since 1962, which could not prove the possession prior to 1950. The material witness was wife i.e. Vidhraj, the plaintiff no.2 but she was not produced in evidence. P.W.2, another witness of the appellants, namely, Moti Lal admitted in his evidence that the consolidation had taken place 35 years back and the land in dispute was vacant prior to that. D.W.1-the concerned Lekhpal also stated in his cross examination that the consolidation had taken place in the year 1967. Thus the appellate court has come to the conclusion that prior to the

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consolidation proceedings, the land in dispute was vacant and the appellants have failed to prove their possession and construction of the house on the land in dispute prior to 1950. The appellate court also found that P.W.1 Ram Anjor's evidence is not believable because he stated in his evidence that 2-3 latha land has been left on both side of the road for taking the soil, whereas in the map produced alongwith the suit indicated that land in dispute is adjacent to the road.

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In view of above, this Court does not find any illegality or error in the findings recorded by the appellate court while allowing the appeal and no substantial question of law arises in the appeal.

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The appeal is, accordingly , dismissed.

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Order Date :- 10.1.2024 Akanksha

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Digitally signed by :- AKANKSHA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

Ram Anjor and Others v. Gram Sabha Badgaon Thru. Pradhan, Gram Sabha Badgaon, Amethi and Another

Case brief

What is this about?

What did the court decide?

Ram Anjor and Others v. Gram Sabha Badgaon Thru. Pradhan, Gram Sabha Badgaon, Amethi and Another

Case brief

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What the court decided

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