NDLI: Jagdish Prasad Patel (dead) Thr. Lrs.& Another Vs. Shivnath & Others

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Suit for declaration of title and possession plaintiff to establish title
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Constitution of India Indian Evidence Act, 1872 (1 of 1872) Code of Civil Procedure, 1908 (5 of 1908)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Suit: Suit for declaration of title and possession – Filed by respondents-plaintiffs – Suit contested on the ground that the suit land was abandoned by respondent-plaintiff and lease was issued to the predecessor-in-interest of the appellants-defendants – Trial court dismissed the suit holding that patta-lease (Ex.D-20) in respect of suit land was issued by the Illaquedar to the defendants and since then they were in possession of the same and also held that plaintiffs got the entries of their names in the revenue records in connivance with the patwari – First appellate court doubting the correctness of Ex.D-20 decreed the suit – In second appeal High Court affirmed the findings of first appellate court – Appeal to Supreme Court – Held: In a suit for title and possession, plaintiffs can succeed only on the strength of their own title and not on the weakness of the case of the defendants – The burden was on the plaintiffs respondents to establish their title – They have failed to produce title document or any other evidence to prove their title – The oral and documentary evidence clearly establish that patta-lease (Ex.D20) was issued to predecessor-in-interest of the defendents and they were in continuous possession of the suit land – Trial court had rightly dismissed the suit.Constitution of India: Art.136 – Special Leave Petition – Scope of – Concurrent finding of fact – Interference with – Held: Concurrent finding of fact cannot be interfered with, unless warranted by compelling reasons – When the findings of courts below are perverse, interference with the findings of fact are warranted.Evidence Act, 1872: s. 58 Proviso – Admitted facts – Whether need to be proved – Held: s. 58 postulates that things admitted need not be proved – However, proviso to s. 58 gives full discretion to the court to require the admitted facts to be proved. s. 90 – Presumption – As to genuineness of a document – Held: Court ‘may presume’ that the document is genuine – Mere allegation of fraud would not be sufficient to rebut such presumption. Code of Civil Procedure, 1908: Or. XLI, r. 27 – Production of additional evidence – When permissible – Discussed. Deeds and Documents: Revenue entries – Evidentiary value – Held: Revenue entries for few Khataunis are not proof of title, but are mere statements for revenue purpose
Judge	Hon'ble Ms. Justice R. Banumathi
Neutral Citation	2019 INSC 493
Petitioner	Jagdish Prasad Patel (dead) Thr. Lrs.& Another
Respondent	Shivnath & Others
SCR	[2019] 6 S.C.R. 518
Judgement Date	2019-04-09
Case Number	2176

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Jagdish Prasad Patel (dead) Thr. Lrs.& Another Vs. Shivnath & Others

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