NDLI: Union of India & Anr. Vs. S. Narasimhulu Naidu (dead) Through Lrs. and Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Andhra Pradesh Land Grabbing (Prohibition) Act 1895 – s.2 1982 – ss.2(d) and 8 – Government Grants Act
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Disposed Off
Headnote	Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 – ss.2(d) and 8 – Government Grants Act, 1895 – s.2 – Registration Act, 1908 – s.17 – Respondents-applicants’ case that their father had purchased 2 acres 27 guntas of land from one ‘SA’ and he was put in possession – Out of the total land purchased by the father of applicants, some was taken over for the construction of roads – It was also stated that their father sold the land measuring 4971.5 sq. yard, however, the remaining 7128.5 sq. yards was retained by him – Military Contract Committee started constructing sheds on the land (measuring 4971.5 sq. yards) sold by their father – Purchaser of the said land (measuring 4971.5 sq. yards) filed suit against Union of India and respondents were also made party – First suit was decreed declaring the purchasers as title holders – Respondents as legal heirs filed an application u/s.8 of the Act alleging that the land measuring 7128.5 sq. yards was grabbed by Union of India and relied on the first suit decreed in favour of purchasers – Tribunal held that findings in the first suit binds the Union of India and applications were allowed – The High Court affirmed the decision of the Tribunal – Questions required to be decided before the Supreme Court: (i) whether the order passed in the first suit filed by the plaintiff as affirmed by the High Court operate as res judicata?; (ii) whether the appellants have proved their title over the land in question?; (iii) whether appellant is a land grabber within the section 2(d) of the Act – Held: Though the first suit is between the same parties, but the subject matter is not the same – Since the issue in the suit was restricted to 4971.5 sq. yard, the decree would be binding qua that extent only – The issue cannot be said to be barred by constructive res judicata as per Explanation IV as it applies to the plaintiff in a later suit – The appellants have denied the claim of the plaintiffs in the first suit to the extent that it was the subject matter of that suit alone – Therefore, the decree in the first suit will not operate as res judicata in the subsequent matters – Since the land in question was transferred from the State, document of title is not required to be registered in terms of s.17 of the Registration Act, 1908 and/or in terms of Government Grants Act, 1895 – The letter dated 19.03.1958 completes the transfer when the possession of the land measuring 1500 acres and 24 guntas was handed over to Union – Appellants claim possession of 1500 acres and 24 guntas, although appellants have lost claim of 4971.5 sq. yards which is falling as part of 2 acres and 20 guntas, but that would not lead to losing of title of appellants over the entire land measuring 2 acres and 20 guntas – Further, military land register, which is also a public document (s.74 of the Evidence Act) shows possession of the appellants over the land – Appellants are owner of the land – Therefore, appellants are not land grabbers.
Judge	Hon'ble Mr. Justice Hemant Gupta
Neutral Citation	2021 INSC 425
Petitioner	Union Of India & Anr.
Respondent	S. Narasimhulu Naidu (dead) Through Lrs. And Ors.
SCR	[2021] 4 S.C.R. 1198
Judgement Date	2021-08-27
Case Number	2049

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Union of India & Anr. Vs. S. Narasimhulu Naidu (dead) Through Lrs. and Ors.

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