Ravindra Kumar Verma And Ors. vs State Of U.P.Through ... on 4 December, 2024
88. The Court also considered in detail the provisions of Section 4, Section 6 and Section 9 of the U.P.Z.A. & L.R. Act and discussed the law as laid down in State of UP Vs. Smt. Ram Sri; and Maharaj Singh Vs. State of U.P. (supra)5 with regard to Section 117(1) and Section 117(6) of the U.P.Z.A. & L.R. Act. After considering Section 9, together with the provisions of Rule 26 of the U.P.Z.A. & L.R. Rules, 1952, which provided that the site of a well or building along with area appurtenant thereto situated within the limits of an estate shall be deemed to be settled with the owner of the said well or building, and that he shall have a heritable and transferable interest in the site, and that he shall not be liable to ejectment on any ground whatsoever ,and that he shall have right to use the site for any purpose whatsoever subject to existing rights to easement, and that succession shall be governed by personal law; the Division Bench held that -