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Supreme Court of India 2019-02-01 dismissed

Asharfi Devi (D) Thr. LRs vs State of U.P. & Ors

Bench: 2 — Abhay Manohar Sapre

In Brief

The appellant owned land that was declared surplus under ceiling proceedings. The State claimed to have taken possession in 1982. After the Urban Land Ceiling Act was repealed in 1999, the appellant filed a writ petition claiming possession and that ceiling proceedings had lapsed. The High Court dismissed the writ petition, holding the appellant failed to prove possession on the repeal date. The appellant filed only a review petition, not an appeal of the main order, after 11 years. The Supreme Court dismissed the appeal, holding that a review appeal cannot examine the main order de novo and every error requires review under strict Order 47 Rule 1 standards—only errors apparent on the record's face justify review.

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Civil Procedure Review Jurisdiction Land Law Urban Land Ceiling Possession Constitutional Law Limitation

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