The Battle for Legacy: Paternity, Property, and the Consolidation Court.
21 November 2024
Civil Appeals >> Civil & Consumer Law
The appeal of Shambhu Chauhan Vs Ram Kirpal Alias Chirkut & Ors. challenges the judgment of the High Court of Allahabad, which overturned the orders of the Settlement Officer and Deputy Director of Consolidation regarding land ownership and paternity disputes over property in village Muda Dih, district Deoria. The case revolves around the claim of Smt. Gulabi, who asserted she was the daughter of Aftee, and therefore entitled to co-tenancy over disputed land. However, after examining the facts and evidence, the Consolidation Officer dismissed her claim, citing insufficient proof of her paternity and ownership.
The core issue was whether the High Court rightly upheld the Consolidation Officer's findings, which had been set aside by the Appellate and Revisional Authorities. The Revisional Authority under Section 48 of the Uttar Pradesh Consolidation of Holdings Act, 1953, can only intervene when findings are perverse, unsupported by evidence, or contrary to law. In this case, the High Court ruled that the Revisional Authority had erred in reversing the Consolidation Officer’s decision.
The appeal also highlighted the insufficient and contradictory nature of the evidence provided by Gulabi, including dubious birth registers and unreliable witness testimonies. The High Court concluded that the burden of proof, which lay on Gulabi to establish her paternity, was not met, and thus, the authorities below had misjudged the case. Consequently, the appeal was dismissed, affirming the High Court's ruling.