Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Injunction - Suit for declaration of title and injunction - Respondents-plaintiffs claiming to be owners of land filed suits for injunction by against companies raising constructions on the suit land - Case of construction companies that they were authorised to raise the constructions by the villagers claiming to be owners of the land - Subsequently impleadment of appellants-defendants as parties to the suits - Denial of title of the respondents by the appellants - Respondents seeking amendment |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Injunction — Suit for declaration of title and injunction - Respondents-plaintiffs claiming to be owners of land, filed suits for injunction by against companies raising constructions on the suit land — Case of construction companies that they were authorised to raise the constructions by the villagers claiming to be owners of the land — Subsequently, impleadment of appellants-defendants as parties to the suits — Denial of title of the respondents by the appellants ~ Respondents seeking amendment of the plaint to incorporate the relief of declaration of title which was allowed — Respondents’ case that suit land devolved upon him through his grand father and father — Appellants’ case that as per the mutation entries of the years 1916 and 1927,. the land was held by respondent's grand father and thereafter by respondent's father on behalf of the villagers — Dismissal of suits by trial court — However, first appellate court and High Court decreed the suits in favour of the respondents relying on the order by the revenue authonty that the mutation entries were doubttul in view of certain interpolations or overwritings in the said mutation entries —- On appeal, held: Mutation entries do not conclusively establish title — Plea of the appellants that the title of the respondent was found in their favour merely on the basis of the mutation entries cannot be accepted - Title of the respondent to land covered by survey No.43, 49 and 54 is established — Said survey numbers were mentioned against the mutation entries — If the entry with regard to the land being held on behalf of the villagers as made in the mutation records are to be ignored, on account of the findings recorded in the order of the revenue authority, which were approved in the appeal proceedings as being findings of fact recorded on the basis of the evidence on record, the title of the respondents to the suit land covered by the survey Nos. is proved and established. |
Judge | Honble Mr. Justice Ranjan Gogoi |
Neutral Citation | 2015 INSC 757 |
Petitioner | Vasant Balu Patil & Ors. |
Respondent | Mohan Hirachand Shah & Ors. |
SCR | [2015] 12 S.C.R. 1087 |
Judgement Date | 2015-10-09 |
Case Number | 821-825 |
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