NDLI: Sopanrao & Anr. Vs. Syed Mehmood & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	suit for possession and declaration Practice & Procedure Limitation Act 1963 Art. 65
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Hyderabad Atiyat Inquiries Act, 1952. (10 of 1952) Limitation Act, 1963 (36 of 1963) Bombay Public Trusts Act, 1950 (29 of 1950)
Case(s) Referred	Referred Case 0 Referred Case 1
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Limitation Act, 1963 – Art. 65 – Suit filed by Respondent Nos.1 to 4 (plaintiffs) before the trial court against the present appellants (defendants) stating that, the possession of the land in question was illegally given to the Trust on 19.08.1978 by the Government– It was prayed that the possession of the suit land be restored to the plaintiffs– Defendants contested the suit inter alia on the ground that the suit was not filed within the period of limitation and that the suit land belonged to the Trust since time immemorial – Suit dismissed– Plaintiffs filed appeal– Judgment reversed by District Judge inter alia holding that the suit land belonged to the Dargah (over which the plaintiffs were claiming rights of management) – Defendants filed appeal in the High Court – Dismissed, however the High Court modified the decree of the District Judge to the limited extent that the plaintiffs and Defendant No.12 were held to be descendents of Mutawalis and not Inamdars as held by the District Judge – Held: As far as the issue of title is concerned, that is a finding of fact arrived at by the District Judge and confirmed by the High Court – This finding cannot be disturbed in Supreme Court – Dargah was shown to be the owner as far back in 1325 Fasli (1915 A.D) in the official records – Similar entries were made in 1342 Fasli (1932 A.D), 1943 and 1951– As per the record the possession of land in question was handed over to the Trust only on 19.08.1978– Judgments of the District Court and the High Court are based on evidence – No question of law arises as far as ownership of land is concerned – Further, admittedly the possession of the land was handed over to the Trust only in 1978 and the suit was filed in 1987 – Appellants’ contention that the limitation for the suit is three years as the suit is one for declaration, rejected – Main prayers made in the suit indicate that it was a suit not only for declaration but also for possession of the suit land– Limitation for filing suit for possession on the basis of title is 12 years and, therefore, the suit was within limitation – Merely because one of the reliefs sought was of declaration that will not mean that the outer limitation of 12 years was lost – Practice & Procedure – Bombay Public Trusts Act, 1950 – s.50A – Hyderabad Atiyat Inquiries Act, 1952. Practice & Procedure – Grant of relief – Lesser relief/smaller version of the relief prayed for – Held: Lesser relief or smaller version of the relief claimed or prayed for can be granted.
Judge	Hon'ble Mr. Justice Deepak Gupta
Neutral Citation	2019 INSC 719
Petitioner	Sopanrao & Anr.
Respondent	Syed Mehmood & Ors.
SCR	[2019] 9 S.C.R. 37
Judgement Date	2019-07-03
Case Number	4478

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Sopanrao & Anr. Vs. Syed Mehmood & Ors.

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