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Supreme Court of India 2022-07-12 allowed

FAROOQI BEGUM (D) BY LRS vs THE STATE OF UTTAR PRADESH

Bench: 2 — S. Abdul Nazeer, Vikram Nath

In Brief

Farooqi Begum challenged the High Court's dismissal of her appeal in a land dispute over a grove in Rampur. The State of U.P. claimed the property was a resumed grant and belonged to the State. The Supreme Court found that the State's evidence of resumption—a Muafiat Register with suspicious characteristics (loose pages, inconsistent inks)—was unreliable and improperly authenticated. The defendant's evidence of continuous possession from 1924 was ignored, and a contested letter was authenticated by an incompetent witness. The Court held that the burden of proof was wrongly placed and proper scrutiny of evidence was lacking, warranting remand for fresh consideration by the High Court."

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