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Supreme Court of India 2019-01-09 allowed

HANSRAJ vs MEWALAL

Bench: 2 — Ashok Bhushan, K.M. Joseph

In Brief

This case concerns the allocation of consolidated agricultural holdings (chaks) under the U.P. Consolidation of Holdings Act, 1953. The appellant, an original tenure holder, and the respondents were co-owners of a plot adjoining a pitch road. The Settlement Officer and Deputy Director allocated chaks to all co-sharers on or adjacent to the pitch road. The High Court, relying on evidence of possession in different areas, set aside these orders and restored the initial allocation that excluded the appellant from the road-front. The Supreme Court reversed the High Court, holding that since the holdings were never legally partitioned, all co-sharers retained equal rights and the equitable allocation ensuring each received road-front benefit was justified and should not have been interfered with.",

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Land Law Consolidation of Holdings Co-ownership Agricultural Law Civil Procedure Writ Jurisdiction

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