Supreme Court · 2008 INSC 569 · Decided 1 May 2008

Mahant Dooj Das (Dead) Through LR. v. Udasin Panchayati Bara Akhara & ANR.

Court
Supreme Court of India
Citation
2008 INSC 569 · [2008] 7 S.C.R. 470
Case number
CIVIL APPEAL No. 5060/2007
Decided
1 May 2008
Bench
P.P. NAOLEKAR, AFTAB ALAM (2-judge bench)
Outcome
Case Allowed
Case type
Civil
Acts & sections cited
CPC

Headnote

). Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 - s.331 -Applicability of- Jurisdiction of civil court c - Held: No evidence led by defendants that suit land was · demarcated under s. 5 and as such vested in State Government - Hence s.331 of 1950 Act not applicable - in State Government, s.331 would have no application to oust jurisdiction of civil court - Burden lies ; D. on defendants to prove that suit lands were demarcated which they failed to discharge - Uttar Pradesh Urban Areas Zamindari Abolition and Land Reforms Act, 1956 - ss. 5 and 8.

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