VidhiSangh

Supreme Court of India · 09/01/2019

HANSRAJ versus MEWALAL AND ORS.

[2019] 1 S.C.R. 215 · 2019 INSC 41

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

In consolidation proceedings involving an undivided agricultural holding, the appellate and revisional authorities allotted each co-sharer a chak with road frontage while preserving the house site and pumping-set area. The Supreme Court held that the High Court wrongly disturbed this equitable arrangement merely because the parties had occupied separate portions. It restored the consolidation authorities’ orders.

Issues

  1. Whether possession of separate portions by mutual arrangement excluded a co-sharer from road-frontage allotment without lawful partition.
  2. Whether the High Court was justified in disturbing the allotment made after spot inspection.

Provisions considered

Held

Result

Appeals allowed; High Court judgment and review order set aside; respondents’ writ petition dismissed. No costs.

Judgment PDF: Supreme Court of India, [2019] 1 S.C.R. 215.