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Supreme Court of India 2022-07-12 allowed

Farooqi Begum (D) by Lrs vs State of Uttar Pradesh

Bench: 2 — Vikram Nath

In Brief

The State of Uttar Pradesh sued a widow, Farooqi Begum, to recover a rent-free land grant (Muafi) of about 20 bighas that it claimed had been resumed by the Nawab's successor in 1930. The trial and appellate courts decreed the suit in the State's favour. The Supreme Court allowed the widow's appeal, finding that the State had failed to prove resumption with credible evidence—the Muafiat Register bore signs of manipulation (different inks, loose pages, missing index). The widow had produced evidence of continuous possession from 1924, which the courts ignored. Her 1954 letter merely complained of partial encroachment, not total loss of possession, and the signature authentication by a distant relative was unreliable. The Court remanded the case to the High Court for fresh hearing and consideration of all issues."

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