Allahabad High Court Order Date: January 11, 2024

Suresh Chandra vs Board of Revenue U.P.

Citation: Second Appeal No. 567 of 2024

Judicial Precedent & Core Ruling

What The Court Ruled:

Physical possession alone cannot establish partition without a formal decree issued by the court and demarcated by revenue authorities.

Facts of the Case / Dispatch:

A dispute over the partition of joint family agricultural property was the subject of a second appeal.

Legal Domains: # Property Law # Specific Relief # Mutation

Complete Case Order / Dispatch View Verified Source

This second appeal involves a dispute over the partition of joint family agricultural property. The Court ruled that under the U.P. Zamindari Abolition and Land Reforms Act (now subsumed in the U.P. Revenue Code), a co-tenure holder can file a suit for partition under Section 116. The Court emphasized that physical possession does not automatically amount to partition unless a formal decree of partition is passed and demarcated on the spot by the revenue authorities.

Legal Notice: This summary and text are reproduced for public awareness and legal research. Litigants referencing this precedent should verify with official certified copies before presenting in court proceedings.

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