Uttar Pradesh Consolidation of Holdings Act, 1953 – ss.9(2), 11(1) – High Court held that the appellants had 1/12 share jointly in the plots comprised in Khata Nos. 98 and 99 excluding plot Nos. 35, 37, 111 and 112 exclusively belonging to the respondents – It also held that the consolidation authorities erroneously alloted 1/2 share to the predecessor-in-interest of the appellants on the premise that the land was a joint family property: Held: No error or perversity in the view taken by the High Court – The concept of joint family property which is prevalent amongst the Hindus is not known amongst the Muslims – Authorities were not justified in importing principles of Hindu law while determining the share of the parties who were admittedly Mohammedans – High Court duly considered the claim of the appellants as well as of the respondents and held that in so far claim of the appellants to plot Nos. 35, 57, 111 and 112 of Khata No. 99 and plot No. 115 of Khata No. 100 were concerned, predecessor-in-interest of the appellants himself had relinquished those lands in favour of the respondents – Relinquishment deed was registered and was never questioned by the predecessor-in-interest of the appellants during his lifetime – Further, validity of the lease in question cannot be disputed by the appellants – High Court concurred with the finding recorded by the revisional authority and rightly dismissed the writ petition filed by the appellants – Appellants entitled to 1/12 share in the land comprised in the lease deed and not 1/2 as was wrongly held by consolidation authorities. [Paras 22-24] Uttar Pradesh Consolidation of Holdings Act, 1953 – Scheme of the Act – Stated.
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Divya Pandey. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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