Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Government Land: Land in possession on 'Old Grant' terms - Notice for resumption of the land - Suit for permanent injunction |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Land in possession, on 'Old Grant' terms - Notice forresumption of the land - Suit for permanent injunction - Seekingorder restraining the State (defendant) and its officials fromdispossessing him from suit property - Claiming title/ownership ofthe property vide registered sale deed - Also asserted occupancyrights and ownership rights on account of long and undisturbedpossession - Plea of the defendant-appellant was that the land in question was covered by Old Grant for national defence requirement,ownership whereof belonged to the defendant-appellant - Trial courtas well as first appellate court held that the defendant was the ownerof the land and possession of the plaintiff was limited to occupancyrights - High Court dismissed the second appeal upholdingconcurrent finding of fact on the factum of ownership - However,the High Court observed the plaintiff would have liberty to raisethe issue of title during eviction proceedings - Review petition bythe defendant dismissed - Appeal by the defendant to Supreme Courtseeking that the observation made by the High Court in the impugnedjudgment be set aside - Plaintiff interalia took the plea that courtsbelow were not expected to decide the question of title in aninjunction suit simpliciter and that the defendant had failed to proveits title - Held: Mere possession of suit property by itself cannot bereckoned as an evidence on the issue of ownership - From the factsof the case, it is evident that it was well within the knowledge of the plaintiff that the suit property belonged to Government (defendant)and the right which was transferred to him was only the right ofenjoyment of possession of the said land granted under the OldGrant to his predecessor-in-interest - Therefore, the observationmade by the High Court is effaced as that observation was thefoundation to give liberty to the plaintiff to agitate the question o title - The issue of 'ownership' cannot be called an ancillary issue . examined by civil court to limited jurisdiction called upon to considerthe relief permanent Injunction simpliciter - It was a direct andsubstantial issue considered by all the courts be/ow - The findingfact is binding on the plaintiff' and would operate as constructiveres judicata - In the facts of the case, the defendant was able to prove its title - The plaintiff in absence of challenge to the HighCourt order, can neither succeed nor can be permitted to agitatebefore Supreme Court about the correctness of the findings recordedby courts below on the issue of ownership - The only issue that wasleft open by appellate courts was about determination ofcompensation for the structure in terms of Old Grant and Regulations - Principle of Res Judicata.Constitution of India:Art. 136 - Scope of- Held: Plenary jurisdiction of Art. 136is not limited to the dispensation provided in Or. XL! r. 22 of CPC -However. the Court cannot make an order, direction or decree placing the party appealing to it, in a position more disadvantageous thanin what it would have been, had it not appealed.Maxim: "Nemo dat quod non habet" - Applicability of |
Judge | Hon'ble Mr. Justice A.M. Khanwilkar |
Neutral Citation | 2017 INSC 1043 |
Petitioner | Union Of India |
Respondent | Vijay Krishna Uniyal (d) Through Lrs. |
SCR | [2017] 14 S.C.R. 68 |
Judgement Date | 2017-10-23 |
Case Number | 16949-16950 |
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