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1 - 5 of 5 (0.32 seconds)Smt. Dropadi Devi And Ors. vs Shiv Chandra Dixit on 23 January, 2020
28. Having noticed the aforesaid position of law as it stands, the case of the respondent no. 1 for co-tenancy cannot be made out. The respondent no. 1 also cannot claim the property to be a joint family property since the respondent no. 1 had already separated and was living separately so therefore there was no commanility in mess or residence or the property between the parties. This aspect of the matter has also been considered by this Court in the case of Dropadi Devi and Others Vs. Shiv Chandra Dixit, 2020 SCC Online, All 104.
The U.P. Zamindari Abolition and Land Reforms Act, 1950
Nand Lal And Others vs Deputy Director Of Consolidation, ... on 7 March, 2019
27. Even otherwise, if the case of the respondent no. 1 is seen as to whether he could claim any right of co-tenancy, it would have to be shown by the respondent no. 1 that the property which was recorded in the name of common ancestors throughout continued to be recorded as such and there was no change in the area or plot numbers and unless the aforesaid aspect is established, the claim of co-tenancy could not have been claimed. This issue has been considered by this Court in the case of Nand Lal and others Vs. Deputy Director of Consolidation, Faizabad and others reported in 2021 (153) RD 259 wherein this issue has been considered after relying upon the decision of this Court in the case of Jagdamba Singh Vs. DDC 1984 (2) LCD Page 398 (LB) wherein this issue has been clearly considered.
Jagdamba & Others vs D.D.C., Azamgarh & Others on 8 January, 2010
27. Even otherwise, if the case of the respondent no. 1 is seen as to whether he could claim any right of co-tenancy, it would have to be shown by the respondent no. 1 that the property which was recorded in the name of common ancestors throughout continued to be recorded as such and there was no change in the area or plot numbers and unless the aforesaid aspect is established, the claim of co-tenancy could not have been claimed. This issue has been considered by this Court in the case of Nand Lal and others Vs. Deputy Director of Consolidation, Faizabad and others reported in 2021 (153) RD 259 wherein this issue has been considered after relying upon the decision of this Court in the case of Jagdamba Singh Vs. DDC 1984 (2) LCD Page 398 (LB) wherein this issue has been clearly considered.
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