Allahabad High Court Orders Full Review of Land Records

Zamindari Abolition Act | Land Claims Must Be Decided On Entire Chain Of Revenue Records, Not Isolated Entry: Allahabad High Court

The Allahabad High Court has ruled that land claims under Section 229B of the Uttar Pradesh Zamindari Abolition and Land Reforms Act must be decided by examining the complete chain of revenue…

The Story in Brief

The Allahabad High Court has ruled that land claims under Section 229B of the Uttar Pradesh Zamindari Abolition and Land Reforms Act must be decided by examining the complete chain of revenue records, not one isolated entry. Justice Arun Kumar set aside findings against Kanti Kumar, whose family received agricultural land after their village was acquired for defence use.

The court said continuous Khatauni entries across several Faslis could not be ignored unless cancelled by a competent authority or proved fictitious. It also held that a partition decree could not be rejected merely because another allottee was not a party, without evidence that the allottee’s land formed part of Kumar’s share. Proceedings under Section 145 of the CrPC determine possession, not title or tenancy rights.

The Indian Opinion

The lazy narrative here would treat old revenue entries as unquestionable title deeds, or dismiss them as clerical paperwork. The court took a narrower view: such records do not establish title by themselves, but long-standing entries create a rebuttable presumption that must be displaced with evidence. That protects genuine allotment claims without making every Khatauni entry final. The practical test is whether authorities can show a competent cancellation, forgery finding or credible record linking the rival claim to the disputed plot.


Source: livelaw.in

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