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february 2000

Supreme Court of India · 2000-02-03

SHEO NAND vs DEPUTY DIRECTOR OF CONSOLIDATION .

Citation / case number
SC 1992/79760
Court
Supreme Court of India
Petitioner
SHEO NAND
Respondent
DEPUTY DIRECTOR OF CONSOLIDATION .
Author
Saghir Ahmad
Bench
R.C.LAHOTI Y.K.SABHARWAL

Judgment text excerpt

The Supreme Court upheld the decision of the Deputy Director of Consolidation under Section 48 of the U.P. Consolidation of Holdings Act, 1953, which dismissed the appellants' claim for Sirdari rights over certain plots, allowing it only for one plot in village Jethupur. The Court emphasized that the Gaon Sabha is entitled to the property as it vested in them due to the civil death of the recorded tenure-holder, Jethu, and that the appellants' claim of adverse possession was not valid as per Section 11-C of the Act. The Court affirmed that the authorities have a statutory duty to record property in the name of the Gaon Sabha even if no objections were filed by them.

SHEO NAND vs DEPUTY DIRECTOR OF CONSOLIDATION . · Niyam