VidhiSangh

Supreme Court of India · 12/07/2022

FAROOQI BEGUM (D) BY LRS. versus THE STATE OF UTTAR PRADESH

[2022] 13 S.C.R. 227 · 2022 INSC 707

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Summary

The State of U.P. sued in 1964 for a 20-bigha grove at Rampur, pleading that the rent-free grant made by Nawab Hamid Ali Khan to his wife in 1924 had been resumed by his successor in 1930 and vested in the State. The defendant claimed continuous possession since 1924 and bhumidhari rights. The suit was decreed, affirmed in first appeal and the second appeal dismissed in 2006. The Supreme Court allowed the appeal and remitted the second appeal. No resumption order or revenue order was produced; the only proof was a Muafiat Register with loose pages and the relevant entry in a different ink, which the clerk could not explain. The State led no evidence of its own possession, ignored a Deputy Collector's spot-inspection finding of the defendant's possession, and relied on a letter whose signature was proved only by a distant relative. The burden had been wrongly placed on the defendant.

Issues

  1. Whether the State proved resumption of the 1924 grant when no resumption order or consequential revenue order was produced and the only evidence was a Muafiat Register with loose pages and the relevant entry in a different ink.
  2. Whether the courts below could find the State in possession since 1930 on assumptions, while ignoring a Deputy Collector's spot-inspection finding and the defendant's documentary and oral evidence of continuous possession.
  3. Whether a letter of 1954 attributed to the defendant, whose signature was denied and proved only through a nephew of a step-sister, could found a finding that she was out of possession.
  4. Whether the burden of proof was wrongly shifted to the defendant in a suit by the State for declaration and possession.

Provisions considered

Held

Result

Appeal allowed; the Allahabad High Court's judgment of 21.07.2006 set aside and Second Appeal No. 813 of 1975 restored for fresh hearing in the light of the observations, all points left open to the parties; the High Court requested to decide expeditiously.

Judgment PDF: Supreme Court of India, [2022] 13 S.C.R. 227.