Supreme Court of India · 1990-01-30
HIRA LAL AND ANOTHER vs GAJJAN AND OTHERS
- Citation / case number
- SC 1982/63723
- Court
- Supreme Court of India
- Petitioner
- HIRA LAL AND ANOTHER
- Respondent
- GAJJAN AND OTHERS
- Author
- M. FATHIMA BEEVI
- Bench
- M. FATHIMA BEEVI
Judgment text excerpt
The Supreme Court held that under Section 20(b)(i) of the U.P. Zamindari Abolition and Land Reforms Act, 1950, the plaintiff-respondent could not claim adhivasi rights as his father was not in cultivatory possession before the date of vesting. The Court emphasized that the High Court had jurisdiction under Section 100 CPC to reappreciate evidence and overturn concurrent findings of fact if there was a substantial error in procedure. The appeal was dismissed, affirming the High Court's decision to grant the decree in favor of the plaintiff-respondent.